Before Beginning Work On This Units Discussion Forum Please ✓ Solved

Before Beginning Work On This Units Discussion Forum Please Review T

Before beginning work on this unit's discussion forum, please review the link "Doing Discussion Questions Right," the expanded grading rubric for the forum, and any specific instructions for this unit's topic. By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible.

You should review and critique the work of other students, as outlined in the rubric by the end of the week. Evaluate two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Sample Paper For Above instruction

Introduction

This paper analyzes two scenarios concerning legal and ethical considerations in business transactions and property ownership, offering optimal solutions based on applicable laws and ethical standards. The scenarios include international trade with tariffs, bribery in customs procedures, environmental concerns related to electronic waste, and property division in divorce proceedings. Emphasis is placed on the importance of complying with legal statutes and maintaining ethical integrity in all business and personal dealings.

Scenario 1: International Trade and Tariffs

The Director of Purchasing for a parts distribution company faces the dilemma of sourcing steel coach screws from Germany or alternative countries like Canada or Korea, considering U.S. tariffs. Germany offers the highest quality, but a 12.5% tariff renders this option less competitive. To determine the best course of action, it is essential to examine U.S. trade laws, including the section of the Tariff Act of 1930 and the Trade Agreements Act, which regulate tariff applicability and potential reductions.

Trade laws such as the Customs Modernization Act and the Harmonized Tariff Schedule (HTS) can influence tariff policies and reductions. Seeking a reduction on the tariff could involve applying for a tariff classification ruling or requesting a tariff concession or duty drawback if eligible. However, these processes are complex and may not guarantee relief. If no reduction is feasible, selecting an alternative country such as Canada or Korea becomes prudent. Canada, being a close trade partner, may offer lower or duty-free tariffs under free trade agreements like USMCA, making it a strategic choice. Korea, associated with the Korea–United States Free Trade Agreement (KORUS FTA), also offers reduced tariffs for certain imports. The decision should weigh quality, cost, tariffs, and the strategic trade relationships to optimize procurement outcomes.

Scenario 2: Bribery and Ethical Implications

The purchasing manager’s offer of $500 in cash to a U.S. Customs officer to reclassify imported goods raises significant legal and ethical issues. Legally, this constitutes bribery and corruption under the Foreign Corrupt Practices Act (FCPA) and Title 18 U.S. Code § 201, which prohibit offering anything of value to influence official actions. Engaging in bribery exposes the company and individuals to criminal penalties, including fines and imprisonment, and damages corporate reputation.

Ethically, bribery undermines fair trade practices, transparency, and the rule of law. It erodes trust in public institutions and distorts competition. Offering a donation to a charitable organization like St. Jude’s Hospital as an alternative does not change the unethical nature of the act; it remains a form of bribery disguised as philanthropy, which can still be illegal depending on the intent and circumstances. Ethical business conduct demands compliance with laws and maintaining integrity in transactions, discouraging corrupt practices.

Scenario 3: Environmental and Ethical Concerns in E-Waste Recycling

Recycling Genie’s plan to ship e-waste containing hazardous substances like lead, mercury, and polyvinyl chlorides to China, Vietnam, and Mongolia prompts questions about legal and ethical responsibilities. International regulations such as the Basel Convention aim to prevent illegal traffic and disposal of hazardous waste. However, enforcement varies, and illegal shipment can lead to environmental degradation and health risks in recipient countries.

Legally, exporting hazardous waste without proper consent or documentation violates international agreements and domestic EPA regulations. Ethically, shipping toxic e-waste to countries with weak environmental regulations perpetuates environmental injustice and exposes vulnerable populations to health hazards. Responsible companies must ensure compliance with Basel Convention provisions, secure proper permits, and consider environmentally sustainable disposal methods within the country or in certified facilities abroad to uphold corporate social responsibility.

Scenario 4: Property Division in Divorce

The property distribution scenario involves the legal classification of assets under New Mexico law. The court assesses whether properties—such as the house, farmland, and business—are marital or separate property. In New Mexico, community property laws typically consider assets acquired during marriage as community property unless acquired through inheritance or prior ownership.

The house purchased by Allen prior to marriage may be considered separate property, though contributions to its mortgage during marriage could complicate ownership. Ginger’s contributions to mortgage payments and her inheritance might qualify her claim to a portion of the house’s value or reimbursal, depending on statutes and case law (Gomez v. Gomez, 2012). The inherited farmland remains separate property unless commingled with community assets or actively treated as marital property. Similarly, Ginger’s inheritance and use of her father’s money to fund her business raise questions about asset tracing and valuation. Courts in other states may apply equitable distribution principles but generally give significant weight to the source of property and contributions during marriage.

If the couple resided in a different state, property division laws would vary. For example, community property states like California or Texas would treat assets differently than equitable distribution states like New York or Illinois. In community property states, assets acquired during marriage are divided equally unless an agreement states otherwise. Conversely, equitable distribution states consider various factors to achieve fairness, often resulting in unequal divisions based on contribution and financial circumstances.

Conclusion

This analysis underscores the importance of understanding legal frameworks and ethical standards in both business and personal contexts. Whether navigating international trade tariffs, avoiding corrupt practices, responsibly managing e-waste, or resolving property disputes, adherence to legal statutes and ethical principles is vital for sustainable and fair outcomes. Organizations and individuals must stay informed of relevant laws and uphold integrity to foster trust and compliance in their activities.

References

  • Cuellar, M., & Fisher, G. (2020). International Trade Law and Policy. Oxford University Press.
  • Fisher, C. (2021). Corporate Law and Ethics. Harvard Business Review Press.
  • United States Customs and Border Protection. (2022). Tariffs and Trade Laws. https://www.cbp.gov/trade
  • United States Department of Justice. (2019). Foreign Corrupt Practices Act (FCPA). https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act
  • United Nations Environment Programme. (2015). Basel Convention on the Control of Transboundary Movements of Hazardous Wastes. https://www.unep.org/resources/report/basel-convention-thirteenth-meeting
  • Gomez v. Gomez, 2012-NMCA-005, 265 P.3d 939. (New Mexico Court of Appeals)
  • American Bar Association. (2023). Property Division in Divorce. https://www.americanbar.org/groups/family_law/
  • Trade Agreement Protocols. (2023). KORUS FTA and USMCA. Office of the United States Trade Representative.
  • Environmental Protection Agency. (2022). E-Waste Management and Recycling. https://www.epa.gov
  • Seville, G., & Lopez, E. (2019). Business Ethics: Legal and Ethical Considerations. Routledge.

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