Analysis of the impact of risk by breaching the Foreign Corrupt Practices Act (“FCPA”) when engaging in government business
The fcpa is a set of law enacted by the congress of the united states of america. The law sets out two provisions: the anti bribery provisions and the book and records and internal control provisions. The anti bribery provisions prohibit the corrupt payment of money or ?anything In value? To a ?foreign Official? In order to retain business [a resource guide to the u.s. Foreign corrupt practices act.p.2].rnThe fcpa has an extra territorial jurisdiction, vividly it describes as the law applies even the allegations are committed outside us soil, provided they are classified as us company or us person [prof mike koehler, tuesday may 14th 2013, www.fcpaprofessor.com retrieved on june 2013]. The purpose of this research is to build awareness to large multinational corporations that, corrupt practices to retain business when dealing with government will not provide sustainability; conversely it is making corporations more vulnerable in light of its long term impact. Not only had the financial impact, but also to the legal impact which could lead to criminal prosecutions brought against the perpetrators. The research methodology is to see the correlation between business activities, employees? Awareness and the ethical conduct impact of breaching fcpa in form of fines and penalties which could eventually hit the profit and also eliminating them from competitions. The findings of this research are company abc did no aggressively winning government businesses, staff awareness was found to be considerably high and the fines/penalties imposed did hit only four corporations bottom-line/profit out of nineteen corporations and it was also found that breach of fcpa could lead to individual imprisonment sentenced up to 17 years. In conclusions this research would emphasize a prudent and an enormous consideration must be taken into account when multinational companies soliciting government business in indonesia.
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