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> So basically every corporation operating in the US has to follow US law at all times, regardless of the economic/legal circumstances in other countries? It i
by ToucanLoucan 2y ago
> So basically every corporation operating in the US has to follow US law at all times, regardless of the economic/legal circumstances in other countries?
It is wild to me how some people can throw something like this out as this like, unreasonable and clearly sarcastic question like, what you expect a corporation to follow the law everywhere? And I'm just over here like... yeah? Yeah. I... always did, really, I never considered that if I formed a corporation I could fund death squads in other countries to maintain access to cheap products. What the hell is wrong with you where you thought that was not only desirable, but a normal situation...?
I grew up very conservative and pro-free-market, and honestly a huge part of my transition to being a pinko commie scum was recognizing just how FUCKED big businesses are, especially overseas. Like you have the banal stuff like tax sheltering which is shitty but like, it's just money but then, oh MAN, they get up to some truly horrific shit. Death squads, union breaking, cataclysmic environmental damage, and it's 100% enabled by our system. I hope that this trend continues and we can finally get some justice out of these organizations that have clearly overstepped in so many ways.
- justinclift 2y ago> I hope that this trend continues. Err, which one? You've mentioned a few different things. :)
- avalys 2y agoIf we’re talking about crimes like “murder”, yes, it’s pretty clear. If we’re talking about crimes like “bribing a public official”, it’s less so. There are countries where that is simultaneously 1) technically illegal by that country’s own laws, 2) absolutely an expected and required part of doing business. So what do you do in that case?
- ToucanLoucan 2y agoOne could make the argument that if the corporation is required by law in all the non-legal countries to abide by those laws and not bribe officials that the practice will necessarily have to die out among the few countries you would be arguing for, simply because the risk is too great to the corporation. Maybe it would be maintained among local businesses, but it would be an understood fact that a politician could not expect a broad multi-national to participate in it, irrespective of their desire or willingness, if they stood to face prosecution from... however many countries they operate in, all of whom would demand a penalty be served. Even if they're slap-on-the-wrist penalties, that's going to add up real fast.
- caf 2y agoAnyone who has ever worked for a medium-large corporation will have done the inevitable employee training that, among many other things, tells you that "no, you cannot pay bribes or facilitation payments in another country even if it's normal and expected there, and yes you and us can still be prosecuted at home for that".
- phs318u 2y agoWhich can be code for: “We have specialists[0] for sensitive in-country negotiations.” [0]. Arms-length, third-party, paper-trail-negative contractors.
- lstodd 2y agoso very true
- rustcleaner 2y ago>Arms-length, third-party, paper-trail-negative contractors Sounds lucrative.
- leetcrew 2y agoidk, I see it the other way around actually. if you kill someone in another country, that's still bad, but it's not clear why the US government should be the entity that holds you accountable for it. seems more appropriate to turn you over to that country's government upon request. whereas if you bribe public officials in other countries as normal business practice, that might give you an advantage over other companies that also operate in the US. if they have to also engage in bribery to compete with you, that seems like a much more direct harm to another US entity.
- ComputerGuru 2y agoWhy stop there and not take it to the next step? Surely company A killing whistleblowers or rabble rousers overseas lets it outperform company B that isn’t doin that state-side? Doesn’t that encourage company B to do the same on red, white, and blue soil?
- leetcrew 2y agoare A and B both operating in the US in your example? if yes, then USG has a legitimate interest in removing that perverse incentive. if not, then the US criminal justice system seems like the wrong place to solve the problem. my point is that the jurisdiction of the US criminal justice system should be limited to the US. if people do things in another country that demonstrably harm US residents, that's fair game. otherwise, it seems like an overreach for the US to enforce laws that might not even exist in other countries. just my opinion, you don't have to agree.
- shiroiushi 2y ago>it's not clear why the US government should be the entity that holds you accountable for it. seems more appropriate to turn you over to that country's government upon request. This would make it very easy for Americans to be mercenaries and assassins for foreign governments.
- jazzyjackson 2y agoaren't they? :p
- TheCoelacanth 2y agoIANAL, but I believe that under US law you are allowed to pay bribes to get someone to do their job in places where that is customary. You just aren't allowed to pay bribes to get someone to do something that they aren't supposed to do.
- JumpCrisscross 2y ago> under US law you are allowed to pay bribes to get someone to do their job in places where that is customary Not quite. You may be thinking of the “grease payment” exception [1] to the FCPA [2]. Customariness isn’t as important as whether the payment is to speed up a decided outcome or effect the outcome. [1] https://en.m.wikipedia.org/wiki/Facilitating_payment https://en.m.wikipedia.org/wiki/Facilitating_payment [2] https://en.m.wikipedia.org/wiki/Foreign_Corrupt_Practices_Act https://en.m.wikipedia.org/wiki/Foreign_Corrupt_Practices_Ac...
- codedokode 2y ago> absolutely an expected and required part of doing business You just don't do business in such countries? Why do you want to work with corrupt regimes so much?
- ZoomZoomZoom 2y agoThere will be nowhere to do business in, perhaps. /s
- rayiner 2y agoThe issue has nothing to do with conservatism versus liberalism, but sovereignty. Why should the US get to make law for the whole world, and then enforce that law in US courts? The funny thing about the leftist children of Reaganites is that they maintain their parents’ universalism and lack of respect for foreign sovereignty. “Maybe America should fuck off and mind its own business” is never part of the political conversion.
- deleted 2y ago[deleted]
- kjkjadksj 2y agoOther countries are free to levy such fines for offenses they deem worthy and have done so in the past certainly. The US does not have exclusive right to this.
- jazzyjackson 2y agoAmerica is not enforcing its laws on some random people outside its borders, its regulating the behavior of people who are very much subject to our legal system. I am quite surprised to see there's a contingent of folks who think that leaving our borders means you can do whatever you want and expect to be welcomed back
- rayiner 2y agoThe Alien Tort Statute applies specifically to "aliens" not Americans. It's about holding foreigners liable for conduct on foreign soil in U.S. courts.
- pen2l 2y agoI want to say something and I promise I say it not as a dig on you... as someone who's followed you for more than 10 years, I am fascinated that despite the many, many changes and revisions in your belief systems over the years, something that never changes is the certainty and conviction and confidence in your tone. I guess it's a good thing, wish I had it. Makes for persuasive and effective writing, that's for sure.
- Thlom 2y agoThe company in question managed to get the CIA to overthrow the democratically elected government of Guatemala and replace it with a military dictatorship.