LEGAL ENVIRONMENT 4 Essay Example | Topics and Well Written Essays - 1250 words

LEGAL ENVIRONMENT 4 - Essay Exampleto check the contract approved by the Niger president. The bribes were accepted by the Niger officials and the contract to supply arms went through.Analysis correspond to the provisions of the Foreign Corrupt Practices Act it is unlawful for any U.S. citizen / party, to bribe or to make a corrupt payment to a foreign official of any govt. or company for the sole procedure of obtaining or retaining business in order to beat the competition. According to the Anti- Bribery provisions of the FCPA it applies to any individual, firm, officer, director, employee, or agent of a firm and any stockholder acting on behalf of a firm. Also the mortal who makes or authorizes of qualification the payment should have a corrupt intention, and the payment must be order to induce the recipient to misuse his official position to direct business wrongfully to the payer or to any other person. -- The FCPA completely prohibits payments, making a offer of bribe, or making a ensure to pay (or authorizing a third party or intermediary to pay or offer) money or anything of value. The prohibition applies to any foreign public official irrespective of his rank or position, it also extends of making corrupt payments to a foreign political party or party official, or any prognosis for foreign political office. According to FCPA the prohibition applies to payments make in order to assist the firm / company in obtaining or retaining business for or with, or directing business to, any person. ( S 78dd-2. tabu foreign trade practices by domestic concerns).Now if we analyze the items of the Niger shimmy in light of the provisions of the FCPA the case is crystal clear. In the Niger case the Vice President of NAPCO Richard H. Liebo was directly relate in beginning(a) bright to pay one Captain Ali Tiemogo, chief of maintenance for the Niger Air Force in return for get the contract of supply of arms by NAPCO to be approved by the president. Even lat er, Liebo was directly involved as a representative of NAPCO in paying bribes to Captain Ali Tiemogo and his cousin Tahirou Barke who incidentally was also the first consular for the Niger Embassy in Washington,DC. NAPCO issued commission checks to three agents identified as Amadou Mailele, Captain Tiemogos brother-in-law Fatouma Boube, Captain Tiemogos sister-in-law and Miss E. Dave, Mr. Barkes girlfriend. It is fresh that Neither Mr. Mailele, Ms. Boube, nor Ms Dave, however, received the commission checks or acted as NAPCOs agent and these individuals were merely intermediaries through whom NAPCO made payments to Captain Tiemogo and Mr. Barke as according to FCPA even payments made to or through intermediaries is liable to pursuit. Even the fact that neither NAPCOs corporate president, Henri Jacob, nor another superior of Mr. Liebos approved the payment of these commission payments. is immaterial and NAPCO is liable for prosecution as per the penal provisions of FCPA. This posit ion is also supported by the judicial decisions in united States of America, Appellee, vs. Robert Richard KING, Appellant.( 2003 WL 22938694 (8th Cir.(Mo) and USA versus David Kay(Appeal from the United States District Court for the Southern District of Texas(No. Crim.A.H-01-914)