Commission or bribe?

Supposed you have decided to move the part of his business overseas, those administrative honoraria could seem illegal bribes.

We say that abrir a factory in Asia South-Eastern that you need a permission the local government. A government agent offers there to secure the permission to him within one week - and its commission will be only $1.000. To back down! To watch its step here. In many countries, the counterstrokes and the bribes have been of length the accepted cost to make business. Nevertheless, the foreign corrupt practices act (FCPA), decreed by Congress in l977, prohibit the bribe of civil servants in other countries.

He is illegal to make payments, it still offers or the promises any thing of value to the foreign civil servants of obtaining or of conserving business or of securing an advantage. He is also illegal to make such payment to of third person (to say to the wife or brother of the civil servant).

By more than 20 years the United States was the unique country that tried to prohibit bribe to the foreign civil servants. The companies of the USA complained they did against bribing foreign civil servants and to risk the processing of FCPA or to lose the contract.

Since then, with the impulsion of the USA, the international organizations they have decreed to treaties and conventions directed printing towards outside this practice. The European Union, the United Nations, and the World Bank has adopted resolutions and policies against the corruption that has helped to make level the game land.

You do not want to obtain romped for above in bribe! The problem is he is rarely easy to say if a proposed payment is really a bribe. For example, the FCPA does not prohibit the “payments of the fat” that honorary are paid to the foreign civil servants to hurry the actions that the government would take anyway possible, for example the publication of a routine permission. But to suppose to need a permission to construct a pipe line to him, and a government agent requests about thousand dollars to advise in environmental aspects and compliances to him to make sure of securing the permission to him. That would be a “payment of the fat,” or a bribe so that the civil servants watch the other way?

In the light of the new acts and laws, the people of the authority request bribes rarely, but she can request a small payment the advice on making business there. For example, if an agency of state asks that its company constructs a park or paves a way in exchange for the approval, that it would not count like “bribe.”

This whole panorama is complicated more thorough by the people layers who can be that she takes to find a a job done. If you employ an agent to work with an agent to the outside, how you you know him therefore, she is not paying bribes and she is not implying his company/signature in the corruption? To know what the distribution must cost, so you can say if the money is escaping towards outside.

Because the conformation with the many overlapped laws is difficult, not to only try it. To contract lawyer with experience in international business to help him through this minefield.

In fact, it makes a wonder if it would not be better as soon as to remain in his homemade turf! So it is the way that goes when you begin to make business overseas.