6 ms·
IIRC the FCPA _does_ allow some bribes if they're considered commonplace in that particular country. I have no idea how they determine which ones are okay.
by ajhurliman 4y ago
IIRC the FCPA _does_ allow some bribes if they're considered commonplace in that particular country. I have no idea how they determine which ones are okay.
- from 4y agoTechnically, payments which do not influence an outcome but merely speed up a decision are allowed. So bribing a minister to throw out all competing bids on a contract would be illegal but paying some clerk who’s dragging her feet on incorporation paperwork would be legal. In practice this line is a lot more blurry and they will charge companies even if they bribe for routine services. Walmart for instance paid a pretty big fine for paying to get building permits faster in Brazil. Companies will always settle because they don’t want to report to shareholders that a massive verdict and fine could be coming up. There’s also a duress exception, like if they start arbitrarily arresting your employees you are allowed to pay to get them out. This is basically what happened to Halotel and Viettel in Tanzania.
- notch656a 4y agoAny law with such arbitrary and capricious interpretation should be unconstitutional. This is precisely the kind of reason why extra-territorial jurisdiction is generally a bad idea.