See the Multimedia activity on Ethics in International Business. Then read the case study about Geletx and Jed’s concerns about the office in Lima, Peru. Research the Foreign Corrupt Practices Act (FCPA) and then discuss whether this situation would be a violation of FAPA. What do you think that Jed should do?
In the Lima, Peru, office, Jed, in reviewing financial records, discovered that the commission’s expense for the branch is unusually high. Geletex pays its salespeople commissions for each commercial customer they recruit for cellular or long-distance services. Jed knows from experience that some companies pay unusually high sales commissions to disguise the fact that salespeople are paying kickbacks in exchange for contracts. In the United States, such payments would be commercial bribery and a violation of Geletex’s code of ethics. When Jed confronted the Lima, Peru, district manager and questioned him about the high commissions, he responded, “Look, things are different down here. We’ve got a job to do. If the company wants results, we’ve got to get things moving any way we can.”
Does this office violate the FCPA? Support your answer.
15 answers
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As Geletex’s international operations grow, Jed is becoming increasingly incomfortable with what appear to be double standards for the company’s US operations and its iperations in other countries. Jed, who has been traveling to each of the geletex international offices, has found the following situations, which since have been causing him some sleepless nights:
In the Lima, Peru, office, Jed, in reviewing financial records, discovered that the commissions expense for the branch is unusually high. Geletex pays its sales people commissions for each commercial customer they recruit for cellular of long distance services. Jed knows from experience that some compaies pay unusually high sales commissions to disguise the fact that sales people are paying kickbacks in exchange for contracts. In the United States, such payments would be commercial bribery and a violation of Geletex’s code of eithics. When Jed confronted the Lima, Peru, district manager and quwstioned him about the high commissions, he responded, “Look, things are different down here. We’ve got a job to do. If the company wants results, we’ve got to get things moving any way we can.”
Does this office violate the FCPA? Support your answer.
This office is not violating the FVPA, unless the salespeople are offered commission in order to disguise the kickbacks being given to customers then they are in violation.
In the Stockhorim, Sweden, office, Jed noted a number of college age student employees who seemed to have little work to do. Again Jed questioned the district manager, who responded “Sure, Magnus is the son of the telecommunications regulator. Caryl is is the daughter of a judge who handles regulatory appeals in the utilities. Andres is a nephew of The head of the governing party. They’re bright kids, and the contacts don’t hurt us. In the Scandanavian culture, giving jobs to children is part of doing business.
Does this office violate the FCAP? Support your answer.
This office is not violating the FCPA, unless these “children: employees were hired as a result of a bargain between the company and the official for assistance when needed then they are in violation.
In the Barnbay, Indai, office, Jed noted that many different payments had been made to both the Indian government and government officials. When Jed voiced his concern the district manager responded, “I can explain every payment. On this one we needed the utiltities (water and electricity) for our offices turned on. We could have waited our turn and had no services for ninety days, or we could pay to get moved to the top of the list and have our utilities turned on in fourty eight hours. On the check for licensing, again we could have waited six months to get licensed or pay to expedite it and be licensed.
Does this office violate the FCPA?
Probably not, since the payments made to the government offices were to speed up processes needed to get the business rolling. The FCPA does allow facilitation to open doors or expedite processes. It does not purport to influence outcomes.
Jed is an expert on the Foreign Corrupt Practices Act (FCPA). However Jed id unsure about Geletex’s international operations and compliance with the law. He is very unsure about Geletex having an international code of ethics.
I hope this helps and is not to late for you
Good luck!!!!