Marina Case China

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Marina Machado Subject: Case 2 - Coping with Corruption in Trading with China Prof - 24/02/2014 1 - List all the different types of bribes, payments, or favors represented in this case under (a) FCPA, (b) Criminal Law of PRC, and (c) Law Against Unfair Competition of the PRC. Why is each either legal or illegal? Under the FCPA, there are two major types of bribes involved which are extortion and regular bribery. These two types of bribes are somewhat similar but are not the same depending on how they are being demanded for. In the sense that bribery is totally illegal anywhere in the world while extortion is not considered illegal in some counties but it is illegal in the United State. One of the laws implemented is The Criminal Law of the PRC (People’s Republic of China), which classifies its type of bribery as common bribery. This type of bribery includes payments or gifts to state employees and officials of state owned enterprises in return for benefits. According to the case, under the FCPA there is a distinction between bribery and extortion depending on the activity resulted from voluntary or demanded payment. In fact, all countries consider this type of payment illegal as I mentioned before. Extortion as I said is a little different; it is illegal to practice in United States but in some countries is not considered illegal. Extortion can be justified once a payment can be justified by stating, the payment is needed in order to keep the contract or work started. All these types of bribes are considered illegal except for extortion that is only considered illegal in the United State. Meanwhile, the fact behind these laws of bribery is somehow complicated and also depends on how the gifts are being presented or how it’s being demanded for. The second law implemented by the CPC is the Law Against Unfair Competition for the PRC

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