Exam 16: Marketing: Representatives,Advertising,and Anti-Corruption

Under the FCPA,the "routine governmental action exception" is also known as the:

Which of the following is prohibited in more countries?

In a prosecution for violating the FCPA,the defendant's conduct will be excused if he or she can prove that the payment was paid as a result of extortion by the foreign official.

If an agent sells a line of American-made children's toys to a European toy store chain.Later,it is discovered that the toys are dangerous for children but the agent is not held accountable.This is an example of:

In advertising,a vague or exaggerated claim such as "20% less fat" is called:

In what ways are advertising regulations pertaining to "sin" products in the U.S.more or less liberal than those in Europe (and/ or other regions)?

Draft an internal memo or company rule regarding permissible and forbidden actions/payments in dealing with foreign contracts.

Sales representatives that perform specific acts at the specific direction of the company they represent are considered:

Some cultures are less tolerant of vagueness and exaggeration in advertising than others.

Although bribery of government officials is considered a corrupt practice in the U.S.,many countries traditionally considered it to be a standard operating procedure.Officials in those countries expected to be paid for granting certain favors and therefore can be exempted from the Foreign Corrupt Practices Act.

Illegal payments routed through a independent foreign sales agent to foreign officials may result in criminal prosecution of the corporation employing the agent.

Advertising of sexually explicit messages would be most severely regulated in which of the following countries?

Are the actions undertaken by the companies or individuals in the following scenarios legal or illegal pursuant to U.S. law? Please explain each of your answers. -"Scenario" A cash payment of $250,000 was made by Durdy Coal,Inc.,a U.S.corporation,to DCI's agent with the instruction "put this to good use on DCI's behalf." In turn cash is paid to the State Importation Officer of the People's Republic of China in order to secure a Chinese import license.

Are the actions undertaken by the companies or individuals in the following scenarios legal or illegal pursuant to U.S. law? Please explain each of your answers. -"Scenario" A wire transfer of $200,000 to the Minister of Contracting of Gambia made by Bordeaux Builders,Inc.,a French corporation,and originating from its corporate headquarters in New York in order to secure a construction contract.

Most American lawyers can give competent advice on foreign marketing regulations and advertising laws.

As a result of the global financial collapse there has been a great deal of international cooperation and success in harmonizing the local foreign investment laws of most nations.

Under the FPCA,U.S.courts have jurisdiction over a person who commits an FCPA violation:

A principal who hires an independent agent within a host country is viewed as having opened an office and is then subject to the host country's tax laws.

Draft a contract with a foreign representative.Include a provision regarding termination and payment for services under such circumstances.

Under the provisions of EC Council Directive 86/653,an agent accrues sales commissions on deals that occur within his territory only when she or he has substantially participated in the events leading up to the customer's purchase.