11 Jul WHY DID U.S. COURTS HAVE THE JUDICIAL POWER TO APPLY THE FCPA TO THE FOREIGN-BASED COMPANY BAE?
After watching the documentary Black Money athttps://www.pbs.org/video/frontline-black-money/
please briefly answer the following questions. A 1 to 3–sentence answer per question is sufficient.
1. How is bribery defined legally? Is it punishable under the FCPA to bribe a decision-maker in another company? Look up the relevant article in the FCPA, and break it down into legal elements that need to be fulfilled to qualify as a bribe under the FCPA.
2. Who is legally responsible under the FCPA – the bribing company, the person taking the bribe or both of them? Is an unsuccessful attempt to bribe punishable under the FCPA?
3. What might be the policy considerations behind the regulatory choices re 1 and 2 above?
4. What is ethically wrong with bribery? Can you think off a possible economic downside of bribery? How would you decide in a situation where you have access to “black money” and reason to believe that paying a bribe would potentially lead to a successful business transaction with foreign government officials? Analyze these questions using the ethics and CSR theories discussed in textbook chapter 2. (The answer to this question may exceed 3 sentences.)
5. Today, despite the enactment of anti-bribery laws in most countries of the world, and the decisions in the legal cases mentioned in the documentary, many executives still believe that bribery is the only way to get business in certain countries. Why? Do you agree/disagree?
6. In the documentary former French magistrate Eva Joly comments that the OECD treaty is “worth the paper it has been written on.” Do you agree? Does this assessment apply to any international treaty?
7. Why did U.S. courts have the judicial power to apply the FCPA to the foreign-based company BAE?
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