Topics: Foreign Corrupt Practices Act, Bribery, Law Pages: 2 (603 words) Published: March 2, 2013
1) List all the different types of bribes, payments, or favors represented in this case under (a) FCPA, (b) Criminal Law of PRC, and (c) Law Against Unfair Competition of the PRC. Why is each either legal or illegal? A bribe is an offered payment by someone to seek unlawful advantage; extortion is a little different because they are extracted by someone in authority from a person seeking what they are lawfully entitled to. A lot of times this demand is overlooked, because the payment can be justified by stating, the payment is needed in order to start the work or keep the contract. Lubrication is giving a small sum of cash or gifts to a low-ranking official in a country where it is not prohibited by law. Subornation involves large sums of money, usually not accounted for, to entice an official to commit an illegal act. The FCPA (Foreign Corrupt Practices Act was established by Congress in 1977, amended in 1988. It forbids individuals within a business from paying anything of value to a foreign official to influence acts or decisions in violation of the official’s duty. The Criminal Law of PRC (People’s Republic of China), known as common bribery, is law enacted by the Communist Party of China (CPC). It applies to bribery of state officials and employees of state-owned companies. The Law Against Unfair Competition for the PRC, which is known as commercial bribery under the CPC, is law that prohibits any business within the country to give property or money to customers to sell or buy products. Anyone who is found guilty under these two laws, “The Criminal Law of PRC and the Law Against Unfair Competition for PRC” is illegally committing bribery. But the second law under the Law Against Competition of the PRC can be confusing, because the law states that a it prohibits members of taking gift exceeding $600, at the same time it does not mean that any gift under $600 will not be a violation. The trouble with these laws is there are many holes in this law. Illegal...
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