Foreign Corrupt Practices Act Public Law

Foreign Corrupt Practices Act Public law prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.

FCPA prohibits companies from paying real-value assets to foreign officials to assist in obtaining or retaining the business. FCPA covers prohibited acts committed anywhere in the world and extends to listed companies and their senior staff, directors, employees, shareholders, and agents. Agents may include third party agents, consultants, distributors, joint venture partners, and so on. It requires companies to maintain accurate books and records and establish an internal control system, and it also requires companies to provide reasonable assurance that transactions are carried out and assets are accessed and accounted for through management's authority.

If Publicly Held Company pays bribes to China’s government officials in exchange for building permits, they are violating the Foreign Corrupt Practices Act Public law. This matter involves the goodwill of the whole company, so you need to find a solution and provide comprehensive defense measures to prevent and eradicate such acts from happening again.

Often when things like this happen the government will fine the company, and the person in charge or the relevant manager risks prison time, resulting in a decline in corporate profits. In order to prevent things from happening, the company should establish a complete compliance mechanism and effectively implement an internal control system. This not only enhances the company's operating performance and financial statements, but it also provides the company complete control, allowing for the company to reduce the risk of illegal activity and avoid penalties. To ensure that all employees and business partners understand the company's standard, you should prioritize the benefits of the company, not yourself. 

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