Which of the following prohibits US companies from making illegal payments or other gifts?

Which of the following prohibits US companies from making illegal payments or other gifts?

International Management, 8e (Deresky)

Chapter 2 Managing Interdependence, Social Responsibility, and Ethics

1) In recent years, which of the following has lessened the criticisms of MNCs?

A) increasing economic differences among countries

B) greater emphasis on social responsibility by MNCs

C) limited emphasis on social responsibility and ethical behavior

D) dissolution of MNCs in developing countries

Answer: B

Diff: 2

Chapter: 2

Skill: Concept

Objective: 1

AACSB: Ethical understanding and reasoning abilities

2) Which of the following concepts includes the expectation that MNCs should be concerned

with the social and economic effects of their decisions?

A) macropolitical interdependence

B) international social responsibility

C) corporate technoglobalism

D) moral idealism

Answer: B

Diff: 1

Chapter: 2

Skill: Concept

Objective: 2

AACSB: Ethical understanding and reasoning abilities

3) Which of the following significantly increases the complexity of social responsibility and

ethical behavior of MNCs?

A) distance between the headquarters and the subsidiaries

B) difficulties posed in training managers from different cultures

C) additional stakeholders associated with the firm's activities

D) international laws, regulations, and moral principles

Answer: C

Diff: 3

Chapter: 2

Skill: Concept

Objective: 2

AACSB: Ethical understanding and reasoning abilities

1

  • Under the Foreign Corrupt Practices Act (FCPA), it is unlawful for a U.S. person or company to offer, pay, or promise to pay money or anything of value to any foreign official for the purpose of obtaining or retaining business.   
  • A U.S. person or company may also be any officer, director, employee, or agent of a company or any stockholder acting on behalf of the company.  And a foreign official may be a foreign political party or candidate for foreign political office. 
  • Also covered by the FCPA is the authorization of any money, offer, gift, or promise authorizing the giving of anything of value to any person while knowing that all or a portion of it will be offered, given, or promised—directly or indirectly—to any foreign official for the purposes of assisting the U.S. person or company in obtaining or retaining business.  
  • “Knowing” includes the concepts of conscious disregard and willful blindness.  
  • The FCPA also covers foreign persons or companies that commit acts in furtherance of such bribery in the territory of the United States, as well as U.S. or foreign public companies listed on stock exchanges in the United States or which are required to file periodic reports with the U.S. Securities and Exchange Commission.  
  • The FCPA accounting provisions require such publicly listed companies to make and keep accurate books and records and to devise and maintain an adequate system of internal accounting controls. The accounting provisions also prohibit individuals and businesses from knowingly falsifying books and records or knowingly circumventing or failing to implement a system of internal controls. U.S. persons or companies, or covered foreign persons or companies, should consult an attorney or use the Department of Justice Opinion Procedure when confronted with FCPA issues.  

For more information about the FCPA, visit http://usdoj.gov/criminal/fraud/fcpa or https://www.investor.gov/additional-resources/general-resources/glossary/foreign-corrupt-practices-act-fcpa  

The Foreign Corrupt Practices Act (FCPA), enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business. The FCPA can apply to prohibited conduct anywhere in the world and extends to publicly traded companies and their officers, directors, employees, stockholders, and agents. Agents can include third party agents, consultants, distributors, joint-venture partners, and others.

The FCPA also requires issuers to maintain accurate books and records and have a system of internal controls sufficient to, among other things, provide reasonable assurances that transactions are executed and assets are accessed and accounted for in accordance with management's authorization.

The sanctions for FCPA violations can be significant. The SEC may bring civil enforcement actions against issuers and their officers, directors, employees, stockholders, and agents for violations of the anti-bribery or accounting provisions of the FCPA. Companies and individuals that have committed violations of the FCPA may have to disgorge their ill-gotten gains plus pay prejudgment interest and substantial civil penalties. Companies may also be subject to oversight by an independent consultant.

The SEC and the Department of Justice are jointly responsible for enforcing the FCPA. The SEC's Enforcement Division has created a specialized unit to further enhance its enforcement of the FCPA.

Summaries of FCPA cases


FCPA enforcement continues to be a high priority area for the SEC's enforcement program.

View the complete history of SEC enforcement actions against FCPA violators…

Investor Bulletins


The SEC issued an investor bulletin detailing the FCPA's prohibitions.

The SEC also issued an investor bulletin about American Depositary Receipts ("ADRs").

Speeches


Reflections on the Past, Present, and Future of the SEC's Enforcement of the Foreign Corrupt Practices Act
Nov. 9, 2017

ACI’s 32nd FCPA Conference Keynote Address  
Nov. 17, 2015

Remarks at 31st International Conference on the Foreign Corrupt Practices Act
Nov. 19, 2014

Keynote Address at the International Conference on the Foreign Corrupt Practices Act
Nov. 19, 2013

Which of the following laws prohibits bribery of foreign officials to obtain business?

The Foreign Corrupt Practices Act (FCPA), enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business.

Which act outlaws the payment of bribes to foreign government officials to gain businesses?

The Foreign Corrupt Practices Act (FCPA) is a U.S. statute that prohibits firms and individuals from paying bribes to foreign officials to further business deals. Both the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) are responsible for enforcing the FCPA.

What is the Foreign Corrupt Practices Act quizlet?

The Foreign Corrupt Practices Act (FCPA) is a United States law passed in 1977 that prohibits U.S. firms and individuals from paying bribes to foreign officials in furtherance of a business deal. The FCPA places no minimum amount for a punishment of a bribery payment.

Which of the following concepts includes the expectation that MNCs should be concerned with the social and economic effects of their decision?

1.2 Social Responsibility- International The concept of international social responsibility is the expectation that MNCs concern themselves about the social and the economic effects of their decisions regarding activities in other countries.