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CONTENTS

CONTENTS. Different types of legal and illegal bribes FCPA, Criminal Law of PRC, Law Against Unfair Competition of the PRC Illegally listed briberies fall under which classification Lubrication, Extortion, or Subornation What is Illegal under the FCPA

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CONTENTS

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  1. CONTENTS • Different types of legal and illegal bribes • FCPA, Criminal Law of PRC, Law Against Unfair Competition of the PRC • Illegally listed briberies fall under which classification • Lubrication, Extortion, or Subornation • What is Illegal under the FCPA • What would be ethical if the FCPA did not exist • Which expenses in the lawsuit violates the FCPA • What legal issues are raised by the retired agent • Alternatives to paying bribes internationally CASE 2-5 Comparison of eBay & alibaba

  2. IS BRIBERY LEGAL OR ILLEGAL? • Under the FCPA there is a distinction between bribery and extortion • The Criminal Law of the PRC classifies its type of bribery as common bribery • Law Against Unfair Competition for the PRC classifies its type of bribery as commercial CASE 2-5

  3. ILLEGALY LISTED BRIBERIES FALL UNDER WHICH CLASSIFICATION? • Subornation involves a large payment, service, or gift given to an official • In the U.S, extortion is illegal and it can be classified under both lubrication and subornation CASE 2-5

  4. WHAT IS ILLEGAL UNDER THE FCPA? • The Foreign Corrupt Practices Act makes it illegal for companies to pay bribes to foreign officials, candidates, or political parties. • Stiff penalties can be assessed if found guilty of paying a bribe CASE 2-5

  5. WHAT IS ETHICAL IF THE FCPA DID NOT EXIST • The common sense response to anyone in power and control of a country would be what is the right and wrong decision to make • What the common good is for the people of that country as well as the benefits that go along with it CASE 2-5

  6. WHICH EXPENSES IN THE LAWSUIT VIOLATES THE FCPA • The evidence against the American company paying Chinese Government Officials over a million dollars in fees for services • The American company arranged for two Chinese banking officials and their family members vacations around the world CASE 2-5

  7. WHAT LEGAL ISSUES ARE RAISED BY THE RETIRED AGENT • The Foreign Service Agent is trying to “level the playing field”, as he calls it • The law shouldn’t even exist if those that are supposed to enforce it do not abide by it. CASE 2-5

  8. ALTERNATIVES TO PAYING BRIBES INTERNATIONALLY • I would have to choose compromising on an agreement that is beneficial to both parties • Both parties have to agree (the host country government and the MNC) and lock into the binding contract that will be beneficial and fair to both sides. CASE 2-5

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