Assignment 2, Part 3 - Sum 16(1)

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Information about Assignment 2, Part 3 - Sum 16(1)
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Published on July 13, 2016

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Slide1: The Pyramid of Success Integrity Leadership Knowledge Slide2: WEST VIRGINIA UNIVERSITY College of Business and Economics BUSINESS ETHICS (BCOR 380, Section 7D1 CRN 51512 and 7D2 (CRN 51544) Online Format for Three Credit Hours David Cale, M.B.A., Ph.D. E-mail: David.Cale@mail.wvu.edu PH: 304-293-0539 Office: 106 BUE Office Hours: Mondays, Tuesdays & Fridays 11:00 am – 3:00 pm & by appointment Slide3: Business Ethics Summer 2016 Assignment 2 . The Legal Context of Business & Professional Ethics 200 Points Part 3. The role played by ethical considerations in international law Due : Wednesday, July 13, 2016 Slide4: Business Ethics The study of how to properly use one’s economic and professional power with integrity. Slide5: ethical concepts belonging to International Law Slide6: Statute law is difficult to apply to the behavior of American companies on foreign soil. So, we define international law as: a collection of contractual arrangements between governments and businesses and between governments and governments. Slide7: international law a collection of contractual arrangements between governments and businesses and between governments and governments . The Foreign Corrupt Practices Act (FCPA): 6- 8 The Foreign Corrupt Practices Act (FCPA) Prior to the passing of this law, the illegality of paying bribes was punishable only through ‘secondary’ sources of legislation: The Securities and Exchange Commission (SEC) could fine companies for failing to disclose such payments under their securities rules. The Bank Secrecy Act also required the full disclosure of funds that were taken out of or brought into the USA. The Mail Fraud Act made the use of the US Mail or wire communications to transact a fraudulent scheme illegal. The Foreign Corrupt Practices Act (FCPA): 6- 9 The Foreign Corrupt Practices Act (FCPA) FCPA is enforced jointly by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). The Act encompassed all the ‘secondary’ measures that were currently in use to prohibit such behavior by focusing on two distinct areas: Disclosure – the Act required corporations to fully disclose any and all transactions conducted with foreign officials and politicians, in line with the SEC provisions. Prohibition – the Act incorporated the wording of the Bank Secrecy Act and the Mail Fraud Act to prohibit the movement of funds overseas for the express purpose of conducting a fraudulent scheme. Slide10: The Foreign Corrupt Practices Act of 1977 exposes bribes to foreign businesses through : Securities & Exchange Commission reports 2 . The financial reports of banks 3 . The Mail Fraud Act Slide11: What loophole in the FCPA allows bribery to continue as a practice by American businesses? Answer: The law allows for unlimited facilitation payments . Slide12: Facilitation Payments This politically correct term covers both legal and illegal contributions to politicians and bureaucrats in foreign countries to influence their purchasing decisions and their regulatory laws. Slide13: Passive Corruption This is created by the reception of unsolicited gifts which could have the effect of bribery Active Corruption This is created by the giving of solicited or unsolicited gifts with the intent to have the effect of bribery The U.S. Federal Sentencing Guidelines For Organizations (FSGO) 1991: 6- 14 The U.S. Federal Sentencing Guidelines For Organizations (FSGO) 1991 Holds organizations liable for the criminal acts of their employees and agents Penalties under FSGO included: Monetary fines Organizational probation The implementation of an operational program to bring the organization into compliance with FSGO standards The U.S. Federal Sentencing Guidelines For Organizations (FSGO) 1991: 6- 15 The U.S. Federal Sentencing Guidelines For Organizations (FSGO) 1991 MONETARY FINES If an organization is sentenced under FSGO, the calculation of the fine is determined through a three-step process: The determination of the ‘base fine’ The Culpability Score The total fine amount Revised FSGO 2004: 6- 16 Revised FSGO 2004 Formally adopted in November 2004, the revised guidelines present three key changes: Companies were required to periodically evaluate the effectiveness of their compliance programs on the assumption that there was a substantial risk that any program was capable of failing. The revised guidelines required evidence of an active promotion of ethical conduct rather than just compliance with legal obligations. Accountability was more clearly defined in the revised guidelines. Slide17: There are three basic elements in the U. S. Federal Sentencing Guidelines for Organizations 1. Penalties apply to corporations, not individuals . 2. Fines are based upon a scoring system . 3. Corporate officers are to receive formal ethical training . Slide18: Corporate ethical training begins with one’s codes of conduct. There are four categories: International Codes of Conduct Governmental Codes of Conduct Corporate Codes of Conduct Professional Codes of Conduct Slide19: In Assignment 2, Part 3, we are only concerned with… International Codes of Conduct Governmental Codes of Conduct Corporate Codes of Conduct Professional Codes of Conduct Slide20: Whereas FCPA and FSGO are domestic statute laws, International Codes of Conduct are, in effect, self-policed international laws. Here, ethical behavior totally drives the nature of law. Slide21: Consider these two questions: (1) Why does international business law have to take the form of codes of conduct? ( Why aren’t FCPA and FSGO enough ?) (2) Who enforces an international code of conduct and through what means? Slide22: Why does international business law Have to take the form of codes of conduct as opposed to statute law? For practical reasons businesses can only be statute-regulated by the governments of the domains in which they operate. Who enforces an international code of conduct and through what means? They are self-enforced through the means of people of character Slide23: the two primary International codes of conduct The Organization for Economic Cooperation and Development (OECD) - 1976 The UN Global Compact - 1999 Both are voluntary Slide24: The Organization for Economic Cooperation and Development (OECD) Goal: To encourage the application of business ethics criteria to international commerce. It was originally adopted as part of a larger Declaration on International Investments and Multinational Enterprises in 1976 Slide25: The OECD This voluntary entity, founded in 1976, promotes ten elements common to many Business Codes of Conduct. Slide26: The Organization for Economic Cooperation and Development (OECD) has 10 divisions You will not need to know the ten divisions for your exam. Slide27: The structure of these 10 divisions are important to know because this structure is common to many codes of conduct Slide28: I. Concepts and Principles These set out the principles which underlie the Guidelines, such as their voluntary character, their application world-wide and the fact that they reflect good practice for all enterprises. Slide29: II. General Policies These contain the first specific recommendations, including provisions on human rights, sustainable development, supply chain responsibility, and local capacity building, and more generally calls on enterprises to take full account of established policies in the countries in which they operate. Slide30: III. Disclosure This recommends disclosure on all material matters regarding the enterprise. Right to know Slide31: IV. Employment and Industrial Relations This addresses major aspects of corporate behavior in this area including child and forced labor, non-discrimination and the right to bona fide employee representation and constructive negotiations. Slide32: V. Environment This encourages enterprises to raise their performance in protecting the environment, including performance with respect to health and safety impacts. Features of this chapter include recommendations concerning environmental management systems and precaution where there are threats of serious damage to the environment. Slide33: VI. Combating Bribery This covers both public and private bribery and addresses passive and active corruption. Slide34: VI. Combating Bribery Passive Corruption The reception of unsolicited gifts Slide35: VI. Combating Bribery Active Corruption The giving of solicited or unsolicited gifts or the request for a gift in a quid pro quo arrangement The box in the corner Slide36: VII. Consumer Interests This recommends that enterprises, when dealing with consumers, act in accordance with fair business, marketing and advertising practices, respect consumer privacy, and take all reasonable steps to ensure the safety and quality of goods or services provided. Slide37: VIII. Science and Technology This aims to promote the diffusion by multinational enterprises of the fruits of research and development activities among the countries where they operate, thereby contributing to the innovative capacities of host countries. Slide38: IX. Competition This emphasizes the importance of an open and competitive business climate. X. Taxation This calls on enterprises to respect both the letter and spirit of tax laws and to cooperate with tax authorities. Slide39: the two primary International codes of conduct The Organization for Economic Cooperation and Development (OECD) – 1976 We now turn to 2. The UN Global Compact – 1999  Both are voluntary Slide40: The UN Global Compact This has only 4 divisions that, together, hold a total of 10 “should” statements You will not need to know the ten “should statements”for your exam. Slide41: The UN Global Compact This entity, founded in 1999, promotes international “good corporate citizenship” by promoting: 1. human rights 2. fair labor standards 3. environmental protection 4. a rejection of corrupt practices The U.N. Global Compact: 9- 42 The U.N. Global Compact Human Rights protection: 1. Businesses should support and respect the protection of internationally proclaimed human rights. 2. Businesses should make sure that they are not complicit in human rights abuses.   The U.N. Global Compact: 9- 43 The U.N. Global Compact Fair Labor Standards:  3. Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining. 4. Businesses should uphold the elimination of all forms of forced and compulsory labor. The U.N. Global Compact: 9- 44 The U.N. Global Compact Fair Labor Standards:  5. Businesses should uphold the effective abolition of child labor. Businesses should uphold the elimination of discrimination in respect of employment and occupation. The U.N. Global Compact cont.: 9- 45 The U.N. Global Compact cont. Environmental Protection: 7. Businesses should support a precautionary approach to environmental challenges. 8. Businesses should undertake initiatives to promote greater environmental responsibility. The U.N. Global Compact cont.: 9- 46 The U.N. Global Compact cont. Environmental Protection: 9. Businesses should encourage the development of environmentally friendly technologies. Anti-corruption: 10. Businesses should work against all forms of corruption, including extortion and bribery. Slide47: For Assignment 2, Part 3, research an article or story on how FCPA, or FSGO, or the OECD, or the U.N. Global Compact impacted an American business . Use this as the basis for your discussion on the role played by ethical considerations in international law. Slide48: End of Professor’s notes for Assignment 2 , Part 3 Assignment 2 The Legal Context of Business & Professional Ethics Title Part 3. The role played by ethical considerations in international law And minimally write a 700 word paper on this topic using the instructions found at the top of page three of your syllabus. Submit to Turnitin with the other three parts of Assignment 2 as one document, not four. Due: Wednesday, July 13, 2016

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