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 资料备查：美国《海外反腐败法》略览（转贴） |
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资料备查：美国《海外反腐败法》略览（转贴） -- 安普若 - (5390 Byte) 2006-8-06 周日, 15:14 (3893 reads) |
haitun
头衔: 海归少尉
加入时间: 2005/06/29
文章: 26
海归分: 3366
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作者：haitun 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
INTEGRITY POLICY/FOREIGN CORRUPT PRACTICES ACT
THE LAW
The Foreign Corrupt Practices Act (“FCPA”) prohibits United States companies and their agents, officers, and employees from offering, promising or paying any thing of value, directly or indirectly, to a government official, for the purpose of influencing the government official to assist the Company in obtaining or retaining business for itself or anyone else. This could also include paying anything of value for the purpose of:
• Influencing any decision of the government official, including a decision to fail to perform his lawful duty, or
• Inducing the government official to use his influence with the government or any of its instrumentalities to influence any decision of the government or its instrumentality.
The term “government official” may include (i) officials and employees and (ii) other individuals acting in an official capacity on behalf of:
• Non-US governments and governmental agencies and instrumentalities,
• Companies that are partially or wholly-owned by non-US governments or governmental agencies (notwithstanding the fact that the company may be publicly listed),
• Other organizations that may be controlled by the government,
• Public international, or supranational, organizations such as the Asian Development Bank, The Hong Kong Economic and Trade Offices, International Bank for Reconstruction and Development, International Monetary Fund and the World Trade Organization, or
• Non-US political parties, including candidates as well as the party itself.
The FCPA does not prohibit all payments to government officials, such as payments to officials that are lawful under the written laws or regulations of the official’s country. However, the FCPA is interpreted very broadly and is not limited in scope to traditional “bribes”. It might also be triggered by the following:
• Giving a government official gifts,
• Payment of travel and expense reimbursements to a government official,
• Overpayment for a government official’s shares in an enterprise,
• Payment of an inflated director’s fee to a board member of a joint venture, where the board member is an officer of a state enterprise that is a co-venturer, or
• Giving a government official who is an equity investor in an enterprise a special class of stock with unusually high dividends or favorable liquidation rights.
A breach of the FCPA may expose the person or entity concerned to criminal sanctions including fines and (in the case of individuals) imprisonment.
作者：haitun 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
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 资料备查：美国《海外反腐败法》略览（转贴） -- 安普若 - (5390 Byte) 2006-8-06 周日, 15:14 (3893 reads) - 这法律是针对美国人或美国公司的，不过好多美国公司都要求合作方在合作协议里保证不违反FCPA -- haitun - (2579 Byte) 2006-8-08 周二, 11:38 (428 reads)
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