The US Foreign Corrupt Practices Act (FCPA)

OECD published Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and Related Documents to prevent bribery and corruption. The aim of this convention was making the bribery of a foreign public official a crime under their laws (International Monetary Fund, OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 2001). This document recommends to member countries that:

During the 2018 Senate budget accountability meeting, Senator Bernie Sanders says, “since 1995 Boeing, Lockheed Martin and United Technologies have paid nearly $3 billion in fines or related settlements for fraud or misconduct- $3 billion collectively. Yet those three companies received about $800 billion of defense contracts over the past 18 years” (Senate). All of these companies are private defense companies that design and manufacture weapons for the Department of Defense if the money if followed. These defense companies have paid 0.375 percent in fines for fraud compared to the amount they were given by the Department of Defense over eighteen

from 2003 to 2013 made 81 improper payments through commissions to employees of foreign governments or their third-parties. These payments totaled over $9 million, and resulted in more than $34 million in profits. These commissions were approved by senior management at Celcat or Condel, but the real purpose of the payments were concealed from GCC’s executive management.

While reading this case analysis, The Foreign Corrupt Practices Act came into discussion as an underlying factor in Weihardt’s decision. The Foreign Corrupt Practices Act was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. This practice applies to Weinhardt in the fact that he was given the opportunity to give Lee a bribe to obtain Lees’ business.

However, not all companies succeed to comply with all regulation, even though apparently it looks that all operations are lawful. For instance, United States vs. Kay case, No. 05-20604, 2007 U.S. could lead to broader enforcement actions under the FCPA (“FCPA Gets Broader Reach”). The company President (Douglas Murphy) and Vice President for Caribbean Operations (David Kay) at American Rice, Inc. took several steps in order to reduce sales and taxes costs to rice exported to Haiti. Even though their actions included paying officials to resolve tax issues, underreporting imports to reduce duties and taxes, paying officials to accept the underreporting, the district court granted a motion to dismiss the indictment, holding that the scope of FCPA did not extend to paying foreign officials for the purpose of reducing taxes. In contrast, the court of appeal reversed in United States vs. Kay, holding that bribes paid to foreign officials in consideration for unlawful evasion of sales taxes fall within FCPA. As a result, the jury found Kay and Murphy guilty of violating the FCPA by paying foreign officials to retain their business in Haiti (“FCPA Gets Broader Reach”). Moreover, the court rejected defendants’ argument that its interpretation of the FCPA extended criminal liability under the statute

It is not hard to see that the scandal would cause a horrid blow to VW’s image. Until the incident, VW had, like many other German companies, the reputation of “German engineering” (Robertson, 2013). However, instead of using that innovation to develop diesel-fueled cars compliant with U.S. standards, it decided to try to scam its way in the market. Not only did the company admit to having 11 million cars with software intended to cheat tests (Gates, Ewing, Russell & Watkins, 2017), it also plead guilty to “destroying evidence in an elaborate cover-up” (VW Admits Emissions Cheating and Cover-up, 2017); building further distrust among its consumers.

Loss of reputation and sales; fines for VW → loss of status and being made responsible for the scandal

Amidst the prime-time republican presidential debate broadcasted at the Reagan Library, all eleven candidates including Donald Trump had something to prove. A record 23 million people tuned in to watch the dispute. Early in the debate, Donald Trump was the obvious forerunner amongst his peers. He came in with the most support and confidence, and as an individual he couldn’t be tainted; despite all of the attacks made against him in those three hours, Trump stood his ground. Quick wittedly answering questions from the podium ranging from foreign policy to child vaccines. Furthermore, Trump had the spotlight throughout the entire debate; he was persistent in answering a variety of questions and gaining support via the audience as well as his fellow nominees.

As a multinational corporation, the implication of the scandal determines the fate of numerous stakeholders both internal and external. Internal stakeholders comprise of the board, managers and employees while external stakeholders subsume shareholders, customers and suppliers. The economic, political and social impacts of the dishonest practices would shape the fate of Volkswagen and affect the future prospects of the automotive industry. Common shareholders whilst not involved in the day to day running of the business placed faith and belief in the firm by providing capital had suffered severe economic loss as share prices (get something for stat). Despite the callous deception in advertising the defeat device displayed no signs of disturbing vehicle performance, however, customers of Volkswagen and its subsidiary vehicles suffer from lower resale value. In addition, even though the scandal was global, European consumers were the most affected with diesel cars accounting for 41% of all European cars (Fontaras, 2016). This high percentage in respect to other nations is a result of incentives provided by the European Union for the purchase of diesel vehicles such as subsidies towards the production process resulting in lower premiums compared to petrol counterparts (Vidal, 2015) In additional with sales falling suppliers of Volkswagen would likely lose future contracts or have current contracts downgraded as less parts are required. Thus, this loss of future

Volkswagen is one of the largest automakers in the world and it has a global reputation as a high-quality German auto brand. Social responsibility is included in VW’s corporate culture and it seems that Volkswagen made some advances in Corporate Social Responsibility because the corporation was ranked 11th 2015 in the Global CSR Rep Track 100, which listed companies by reputation (Reputation Institute, 2015).However, the company has been threatened by an emission scandal which broke in September 2015, when the Environmental Protection Agency (EPA) disclosed that Volkswagen had installed defeat devices on diesel cars which were sold in the US. These devices equipped on VW cars cheated regulators in such a way that it could detect

This case portrays the widely propagated and accepted phenomena of bribes and corruption in developing countries. Specifically how it affects every sector of the Ukrainian society, therefore making it difficult for the American investors to establish companies there and to prosper solely on doing good business. The case describes the types of obstacles and ethical dilemmas being created for the investors as a result of bribery and extortion.

In order to draw that line companies should look at three different aspects. First, the international laws about gifts and bribes must be carefully analysed. Second, companies should gather information in regard to what is permitted by the local culture. Last but not least, companies must look carefully at their CSR strategy in order to see which kind of gifts there are ready to accept in order to be in line with their core values.

In December 2008 Siemens, the large German electronics firm, agreed to pay $1.6 billion in fines to settle legal suits bought by the U.S. and German governments. The governments asserted that Siemens had used bribes to win business in countries around the world. These were the largest fines ever levied against a company for bribes, reflecting the scale of the problem at Siemens. Since 1999, the company had apparently paid some $1.4  billion in bribes. In Bangladesh, Siemens paid $5 million to the son of the prime minister to win a mobile phone contract. In Nigeria, it paid $12.7 million to various officials to win government telecommunications contracts. In Argentina, Siemens paid at least $40  million in bribes

I think ignorance is the most pressing problem facing the world today. Ignorance has been a problem since humans were created and it’s a behaviour passed on from generation to generation. There are so many different kinds of ignorance in the world today, for one, people are just unaware and don’t know the things happening.

It took a while to struggle back to her feet because her legs shook so much. She started with fear when a hedgehog scampered in front of her path. Just like her, it was frightened and scared. She wondered, not for the first time, whether she had done the right thing? The answer had to be yes. Yes! Yes! YES!