Professional Documents
Culture Documents
Issues
Corruption of any form is against the law in many countries. Thus, any form of corruption is
deemed an illegal act under any law, and anyone who is found guilty will be in trouble.
However, based on many arguments, people view corruption from different angles. According to
some people, corruption is not a bad thing, while according to others, corruption is a bad thing.
The people who argue that corruption is not a bad thing state that if ethical grounds are used,
corruption can be used to benefit people economically. They give examples such as it leads to
resource utilization that would otherwise be left idle and useless. However, due to the negative
effects of corruption that result from bribery, the U.S. Foreign Corrupt Practices Act forbids
government officials from taking bribes from businesses to get assistance or retaining them.
Hence, the main problem here is corruption in international businesses, and anyone who is found
going against this act will be found guilty and punishable by the law.
Recommendations
Under the foreign corrupt practices act, any U.S. citizen, a company that operates on U.S.
soil, a resident, or an issuer is under this act and will be held accountable if they go against it.
The U.S. citizens, companies that operate on U.S. soil, and residents are referred to as domestics
concerns under the act. Hence, domestic concerns and issuers are denied the right to make
participates in taking or issuing bribes, they will be held guilty. Domestics concerns and issuers
who are found guilty may be punished in two ways; getting incarcerated for five years or paying
a fine of $100,000 to $2 million. Also, the act states that corporates should keep an accurate
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record of all financial transactions and maintain a system of internal accounting control. The act
also forbids consultants or agents from being given money to convince them to give funds to
foreign officials for illegal purposes. However, victims charged with this act can be spared if
they prove that the funds were not for bribery purposes.
Application
A U.S. citizen or a resident who operates a business in the U.S. is affected by this act. Any
corporate organization is also under the act. Hence, if they take any action that goes against the
act, they may be charged guilty unless they prove their actions. The parties mentioned above
must refuse to make bribery transactions of any kind, refuse to make payments, receive
payments, or authorize payments that are deemed as bribers to avoid meeting the elements of the
act. Also, to avoid meeting the elements of this act, the parties must always write down all
Conclusion
The court will find any corporate, issuer, citizen, and resident who have business accountable
if they operate in the U.S. because they meet the elements of the act. Also, if the party is proven
to allow transactions, receive transactions, or issue transactions that are in the form of bribery,
they will be charged guilty by the court because it is stated in the act. However, when they prove
that the transaction was legal, the court may consider this and find them with no offense. The
court will also see the books of account to verify all the transactions made. If they notice illegal
transactions, they will view it as bribery, which is against the act. Thus, the court may find the
party involved guilty if they do not believe the argument made concerning the transaction.
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