case 3 Q&A.docx - 1 List all the different types of...

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1. List all the different types of bribes, payments, or favors represented in this case under (a) FCPA, (b) Criminal Law of PRC, and (c) Law Against Unfair Competition of the PRC. Why is each either legal or illegal? a. The most common type of payment to facilitate sales in China is a trip abroad. Many of these officials don’t have the chance to visit overseas and would prefer this over cash or other gifts. Traders would build these costs into the product’s sale price. Some MNCs are asked to sponsor overseas education for children and some firms find direct requests for cash payments, which is illegal and the most difficult. b. The Criminal Law of PRC is known as the common bribery, which applies to the bribery state officials and employees of state owned enterprises that are most likely of China’s large companies. If anyone demands or accepts money or property in return for benefits is guilty of bribery. c. The law of Against Unfair Competition of the PRC is known as commercial bribery. It prohibits businesses from giving money or property to customers to sell or purchase products. Although confusing, it says nothing about punishment for gifts and benefits costing less than $600 or if those transactions can amount to bribes. The problem with China’s bribery laws is that they can be interpreted to apply to any gift at all.
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