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In Search Of An International Solution To Bribery: The Impact Of The Foreign Corrupt Practices Act Of 1977 On Corporate Behavior, Steven M. Morgan
In Search Of An International Solution To Bribery: The Impact Of The Foreign Corrupt Practices Act Of 1977 On Corporate Behavior, Steven M. Morgan
Vanderbilt Journal of Transnational Law
Since enactment, the FCPA has been criticized for its ambiguity, pitfalls, and underlying policy weakness. For instance, a payment of $10,000 to a customs official by X Corporation in order to speed a shipment of perishables through customs would be a legal facilitating payment under the FCPA. Under the same circumstances, however, a $100 payment to a Cabinet minister who has the discretionary power to clear the shipment will subject the X Corporation to a million dollar fine and expose the guilty company officer, director or employee to a jail term of up to five years for violating the FCPA. …
Books Received, C. C. S.
Books Received, C. C. S.
Vanderbilt Journal of Transnational Law
APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION By Julian D. M. Lew. Dobbs Ferry, New York: Oceana Publications,1978. Pp. 633.
COMPARATIVE LAW YEARBOOK Issued by The Center for International Legal Studies Germantown, Maryland: Sijthoff & Noordhoff, 1979. Pp. 300.
CONTEMPORARY INTERNATIONAL LAW: A CONCISE INTRODUCTION By Werner Levi Boulder, Colorado: The Westview Press, 1979. Pp.391.
DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S. By Raymond J. Waldman Washington, D.C.: Transnational Investments, 1979.Pp. 413.
ENHANCING GLOBAL HUMAN RIGHTS Edited by J. I. Dominguez and others New York: McGraw-Hill, 1979. Pp. 270.
THE ETHNOGRAPHY OF LAW By Laura Nader Menasha, Wisconsin: American Anthropological Association, …
The Foreign Corrupt Practices Act: Problems Of Extraterritorial Application, Shelley O'Neill
The Foreign Corrupt Practices Act: Problems Of Extraterritorial Application, Shelley O'Neill
Vanderbilt Journal of Transnational Law
The Foreign Corrupt Practices Act of 1977, an amendment to the Securities and Exchange Act of 1934 (Exchange Act), criminalizes bribery of foreign officials and requires audit controls and accurate reporting of transactions by United States companies. By enacting the legislation, Congress condemned foreign bribery as distorting trade and investment, undermining public confidence in United States enterprise, and damaging foreign relations. The Securities and Exchange Commission (SEC) also opposed corporate bribery as a threat to managerial accountability to shareholders. President Carter, while signing the legislation, emphasized its basic policy considerations.
The Act responded to increasing revelations concerning the widespread practice …