2011年9月28日星期三

Large image of the challenges that your company

Through travel agents to pay bribes in the form of cross-border tourism. Shopping bag full of banknotes in the parking lot. United States Securities and Exchange Commission (SEC), just above year United States Asian government officials in many facilities for the IBM corporate bribery in two ways.

SEC settle in March, the multinational computer companies to $ 10 million fine, civil accusations against it. SEC complains, IBM attempted to China and Korea when its hardware products in government procurement, violated the foreign corrupt practices Act (Foreign Corrupt Practices Act).

IBM is not alone. Only 6 weeks ago, the United States Department of Justice, said California energy storage products manufacturer maikesiwei technology company (Maxwell technologies) to sell power to State-owned enterprises in China to the underlying device, bribed to exaggerate the contract price, the company paid nearly 15 million dollar fine to settle criminal and civil charges against themselves.

There are other examples of known companies, for example in 2009 France Alcatel-Lucent (Alcatel-Lucent), and United States regulators settle, which found that group Telecom was a group of Chinese officials visited the factory and training trip, most of the time spent in Disneyland (Disneyworld), Universal Studios (Universal Studios) or Las Vegas.

The United States authorities with unprecedented intensity, possible violations of the foreign corrupt practices Act investigations, attracted by reconciliation, publishing, and also fined is more and more, Weijia, New York law firm (Weil Gotshal & Manges), United States Department of Justice and the allegations of SEC brought a total of 74 last year, only 12 and 5 years ago. As part of the reason is that companies are increasingly in the Western world to indicate the countries whose economies are largely controlled by the Government. "It is part of globalisation," said a regulator. -When in the market of emerging countries, it is difficult to go from a compliance perspective. ”

But there is also another reason, namely surveys might be hard-pressed to provide federal financial matters also with regard to this pre-admits that harvest. WAI-Kay law firm (White & Case) study showed that within 3 years, target reconciliation brought revenue of us $ 3 billion to the Treasury. When the relevant bodies to get congressional approval when their larger budgets, this is a lot of "selling points". The global financial crisis and bonade · maduofu (Bernard Madoff), after the fraud, the supervisory authorities also felt the pressure to prove his ability to work. The foreign corrupt practices Act is a strong proof of the tool objectives.

As a result, for those companies that do business abroad--whether it is the largest transnational corporations, including the smallest investment institutions--the problem is becoming increasingly difficult. Also operate problem, organizing travel for customers or vendors, may also incur unsecured.

United States businesses complained about strict rules which constitute unfair barriers and United States complain businesses than United States regulators for cross-border jurisdiction. When under beike · maijian advokatbyr? (Baker & McKenzie), in fact, six cases in which foreign corrupt practices act in the largest settlement, 5 has its headquarters in the United States outside the company. Siemens AG (Siemens) to pay fines and up to ever profit recovery in the United States and Germany paid a total of 1.6 billion dollars, since companies in Argentina, Bangladesh, Iraq and other places undue payment of money to government officials to obtain contracts.

Other Governments would follow the United States. United Kingdom anti-bribery law entered into force on 1 July. The OECD (OECD) has several anti-bribery initiative, but transparency International (Ti) noted in 2011 survey, OECD member countries, only 7 countries to actively implement these initiatives, 21 countries which have failed to take action, or a very small, the other 9 countries had taken appropriate measures.


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