Monday, November 1, 2010

Foreign Corrupt Practices Act (FCPA)

Funny what they call a law regarding how USA businesses may act.  The law itself, and it's implementation, brings chaos to international business, exactly the reverse of what law is supposed to do.

We have a regime of law in international trade, called Law Merchant, and has worked for millenia, but it works without government, therefore, government does not care for it.  The FCPA focusses on making sure no American (or corporation) makes a bribe or in any way seeks to makes things happen by bribery or some other means.  As I heard on panel discussion member say, you can do things to get moved up a list, but you cannot do anything to get ON the list (of people seeking a overseas contract, etc.)

This is of course about big business, and the fed prosecutions are selective following political lines.   I am not going to talk any more about this because it has nothing to do with we at the small business level.  We export for a price, and that is that.  We pay a supplier a price, and import, that is that.  It would be pretty strange to bribe a supplier to make something when importing or buy something when exporting, when in our case our items are unique.  Why would we need any incentive above price?

This is limited to big business.


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