Question

Waldo is responsible for ensuring that all new buildings in Asia have proper construction permits. He works routinely with Xong Liu, a government official responsible for issuing such permits. Waldo realized that one of the construction sites lacked the proper permits, and arranged for his company to give Xong Liu an all expenses paid vacation to Los Angeles for himself and his family, which they took. Then, Waldo asked Zong Liu if he would prepare a back-dated permit. Xong Liu refused and the permit was never issued.Which is true?
a. The all expenses paid vacation is not a bribe, because Xong Liu did not provide the requested permit.
b. If it is correctly recorded in the books and records of the company, there can be no U.S. FCPA liability associated with the transaction.
c. The all-expenses paid vacation may be considered a bribe under the U.S. FCPA.
d. The all expenses paid vacation cannot be a bribe under the U.S. FCPA because it was not paid in cash.

Answer 1

Answer:

C) The all-expenses paid vacation may be considered a bribe under the U.S. FCPA.

Explanation:

If Waldo works for an American company, what he did is illegal. The Foreign Corrupt Practices Act prohibits US businesses and individuals to pay bribes to foreign officials. It doesn't matter if Waldo was successful in getting an unfair business advantage or not, the fact that he paid for the trip is a crime.