Final project 2 (002).docx - MBA 610 Final Project II TO Dr Kyan Ware FROM Arielle Buswell DATE RE Memorandum for the proposed expansion to Japan

Final project 2 (002).docx - MBA 610 Final Project II TO Dr...

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MBA 610 Final Project II TO: Dr. Kyan Ware FROM: Arielle Buswell DATE: September 18, 2018 RE: Memorandum for the proposed expansion to Japan INTRODUCTION A main goal of any business is success and sustainability. Some business can move towards this goal by expanding abroad, but this decision must be made after careful consideration and deliberation. The purpose of this memorandum is to analyze potential compliance issues and to provide insight with respect to the ethical and legal implications of the expansion of a major U.S. corporation to Japan so that an informed final executive decision can be made. It is important to consider aspects of U.S. law, such as anti-corruption laws, anti- boycott laws, and export control laws, and ethical implications in relation to moving the business to Japan. It is also useful to look at how other domestic companies with business abroad maintain compliance with U.S. Laws by having a Standards of Business Conduct, providing training, collaborating with legal experts and having specialized company departments or personnel. Lastly, we will discuss how other domestic companies with business abroad address potential compliance issues with strong ethical leadership, mandating a Business Ethics and Compliance program, and promoting an ethics hotline. Based on the information that will be discussed in this memorandum, the overall recommendation is to expand abroad to Japan. ASPECTS OF U.S LAWS TO CONSIDER FOR INTERNATIONAL BUISINESS GOAL Businesses within the U.S. must operate in compliance with various laws. There are laws in place that apply to organizations that do business internationally as well. It is pertinent for companies who are interested in expanding internationally to be aware of U.S. anti-corruption 1
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laws, anti-boycott laws, and export control laws. The most widely enforced anti-corruption law is the U.S. Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA exists to prohibit bribery of foreign government officials and officials associated with public international organizations (15 U.S.C. 78dd-1, 78dd-2, 1993). Additionally, the Travel Act exists to forbid the use of U.S. mail, interstate travel, or foreign travel for specific criminal acts (18 U.S. Code 1952). A prime example is seen in the case of United States v. Esquenazi, 752 F.3d 912 (11th Cir. 2014) where defendants Esquenazi and Rodriguez were indicted on the following 21 counts. There were two conspiracy charges of “conspiracy to violate the FCPA and commit wire fraud, all in violation of 18 U.S.C. § 371 (Count 1); and conspiracy to launder money, in violation of 18 U.S.C. § 1956 (Count 9). Counts 2 through 8 charged substantive violations of the FCPA, 15 U.S.C. § 78dd-2; counts 10 through 21 charged acts of concealment money laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i)” (United States v. Esquenazi, 752 F.3d 912, 11th Cir. 2014). Esquenazi and Rodriguez were co-owners of a company in Florida, Terra Telecommunications Corp., that bought phone time from foreign vendors and resold the minutes to U.S. customers. Mr.
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