What is the difference between lobbying and bribery? What do you think is the appropriate punishment for the violation of ethical and legal principles? Should the remedies be limited to the expulsion of the members who violated those principles, or should the entire community be held responsible?
The NEI provides for some government assistance, but the decisions on how to export and do business outside the US must be made by each company.
The vast majority of American business people and lawyers have no experience with business or law outside the US. This is not surprising.
The US education system is notoriously poor at creating fluent speakers of other languages.
On top of that, even the largest US companies rarely send US employees overseas for extended periods of work. In many US companies the employees with significant international experience are foreign citizens working in the USA or their home countries.
The number of foreign students studying in the US wasduring US students studying abroad tend to focus on literature, art and social sciences while foreign students in the US study science, engineering and business.
Most foreign students leave the US immediately after graduation, though some stay in the US a few years to get job experience that will be helpful to them back home —where they may end up working for a US company.
Senior management, including the general counsel, should realistically assess their personal limitations and the limitations of their company and its management team when they plan and conduct international business.
The foreign companies they will do business with have probably been dealing with American companies and companies from France, Germany, Japan and other major players for many years. They will often have local employees throughout their organizations who have gone to college in the US, worked in the US, worked for US companies and who are fully fluent in spoken and written English for business purposes.
They know how business is done in their country - and they know you do not. When you hire a Country Manager, head of Sales, head of Service or Finance or other senior manager for your operation in another country, what are the most important qualifications?
For most US companies they are: Those are certainly important, but they do not mean this will be the right person for your company. For example, in a business setting, the person who speaks the best English may have no credentials, authority or power in his native culture.
Your company probably does standard background investigations on your employees in the US. It is reasonable to assume that you will need to know just as much information about your employees in other countries as you do about your employees in the US.
Unfortunately, it is likely that you have no Americans in your organization with the cultural, language and business skills to ask the right questions or understand the answers to adequately assess candidates in other countries. You need to build or hire that expertise. Reasonable background investigations on third parties who aid your business overseas are required.
More than three quarters of cases under the Foreign Corrupt Practices Act involve US companies being held responsible for the conduct of third parties.
The Department of Justice and SEC have been very clear that if a company has not done reasonable due diligence background investigations on third parties it will receive no credit for having a compliance program when a third party working for it violates the FCPA.
Train your employees - and your management - and your Board.
American business managers are notoriously ethnocentric and chauvinistic. Many will not recognize that they need training and be unwilling to devote time to it. No matter how hard your company tries, it is unlikely many junior employees, let alone senior managers, will learn a foreign language on the job.
Expatriates were also able to learn how business was being conducted and assess the strengths and weaknesses of overseas employees by working with them for several years.
This practice was never widespread and has diminished in the 21st century. Part of the decline was due to cost.
The peculiar US tax system taxes the expatriates on their worldwide income and helped to make long-term foreign postings dreadfully expensive for US companies.
Finally ambitious managers recognize that leavingUS headquarters for a lengthy overseas assignment takes them out of the corporate career mainstream and will put them behind their peers who remain in the US.
If one year or longer foreign assignments are not possible for your company, consider short-term rotations. Assigning US staff to long term multi-national business projects and virtual teams will also give your US employees experience dealing with international operations and working with people from other countries so they can build international perspective.
Consider Exclusive Distribution Arrangements —but agree to them only if absolutely necessary. Many companies starting business in a new country are pressured by the prospective local distributor to grant exclusive rights to the territory.
Granting a single company the right to market, sell and service your products in a country or territory may be the fastest, easiest and least expensive way to gain entre into a new market, but an exclusive distribution agreement is a marriage.
You are new in town and do not know what is available in the field, so probably should only be dating rather than marrying the first eligible person you meet.
Exclusive distribution arrangements have been very good for some companies in certain industries and markets. But they have also limited growth and caused companies to stagnate and fail to address the opportunities in the market.
Most companies find they can sell more products at a higher profit when they engage multiple distribution channels. In a number of countries exclusive distributors acquire a right to have the relationship continue, and under local law the courts will grant them large indemnities if your company terminates the agreement or takes away their exclusivity.Do your homework – Before you seek a contract with a big corporate, know the value you have and target companies accordingly.
Are you more innovative, quicker, or cheaper than your competitors? Are you more innovative, quicker, . "What Other Options Do Companies Have To Win Business Contracts Without Bribing" Essays and Research Papers.
What Other Options Do Companies Have To Win Business Contracts Without Bribing. YOU DECIDE PROJECT CONTRACT AND PROCUMENT MANAGEMENT (PM ) APRIL 14, What options do companies have to win business contracts without bribing, especially in foreign counties?
In my opinion, bribery is unethical because bribery is illegal. Bribery is the act of giving a gift or implying money that can change the behavior of the one at the receiving end of the bribe. MGT chapters a United States law that prohibits U.S. companies from bribing or otherwise corrupting foreign government officials to win foreign government contracts or obtain other foreign government assistance for their businesses.
options do companies have to win business contracts without bribing, especially in foreign countries? Options available to win business contracts without bribing have got caught since many other companies bribed for.
"What Other Options Do Companies Have To Win Business Contracts Without Bribing" Essays and Research Papers. What Other Options Do Companies Have To Win Business Contracts Without Bribing.
YOU DECIDE PROJECT Siemens was caught in a scandal for bribing employees with other companies to get contracts.