Part 1: Provide A Brief Description Of The Foreign Corrupt P
Part 1provide A Brief Description Of The Foreign Corrupt Practices Act
Part 1 provide a brief description of the Foreign Corrupt Practices Act (FCPA) and recent anti-corruption efforts by international organizations. Identify and explain two or three serious consequences for the firm if it fails to comply with the FCPA and other anti-corruption efforts. Discuss consequences beyond any statutory penalties. Part 2 write a section for the new hire handbook describing the foreign exchange market. In this section, you will: describe the spot market. compare foreign exchange brokers and foreign exchange dealers. distinguish the terms direct quotes, indirect quotes, and cross-rates. provide an example of a cross-rate calculation, that is, calculate the cross-rate of Argentinean Peso to Euro. write a 2–3-page paper in Word format. utilize at least two-to-three scholarly sources in your research. make sure you write in a clear, concise, and organized manner; demonstrate ethical scholarship in accurate representation and attribution of sources; and display accurate spelling, grammar, and punctuation. use the APA format.
Paper For Above instruction
Introduction
The Foreign Corrupt Practices Act (FCPA), enacted in 1977 in the United States, represents a pivotal legal framework designed to combat corruption and enforce ethical business practices internationally. Over the years, various international organizations, including the Organisation for Economic Co-operation and Development (OECD) and the United Nations, have adopted and promoted anti-corruption initiatives to strengthen global efforts against bribery and illicit financial flows. This paper provides a concise overview of the FCPA, recent anti-corruption endeavors, and discusses the significant consequences organizations face when they fail to comply. Additionally, it introduces employees to the foreign exchange market, detailing essential concepts like the spot market, distinctions between brokers and dealers, and different quoting methods, supported by a practical cross-rate calculation.
The Foreign Corrupt Practices Act (FCPA) and International Anti-Corruption Efforts
The FCPA primarily aims to prohibit U.S. companies and their subsidiaries from engaging in bribery of foreign officials to obtain or retain business (U.S. Securities and Exchange Commission [SEC], 2020). It also mandates companies to maintain accurate internal accounting records and implement effective internal controls to prevent corrupt transactions (FCPA, 1977). Recent efforts by international organizations, notably the OECD Anti-Bribery Convention adopted in 1997, have reinforced global anti-corruption policies by promoting criminalization of foreign bribery and enhancing international cooperation (OECD, 2019). The United Nations Convention Against Corruption (UNCAC), established in 2003, further amplifies this global fight by emphasizing preventive measures, criminalization, and international collaboration (United Nations Office on Drugs and Crime [UNODC], 2020).
Consequences of Non-Compliance Beyond Statutory Penalties
Failing to adhere to the FCPA and other anti-corruption statutes can lead to severe, far-reaching impacts on a firm beyond statutory penalties. First, companies risk substantial damage to their reputation, which can erode stakeholder trust, diminish customer loyalty, and impair brand value (Murphy, 2018). Such reputational harm can extend to difficulty in forging new partnerships and retaining existing clients, which ultimately affects profitability and market position. Second, non-compliance can lead to increased operational costs, including higher scrutiny from regulators, costly internal investigations, and enhanced compliance requirements (Sullivan & Beauchamp, 2019). Third, failure to prevent corruption can trigger internal moral and cultural issues, affecting employee morale and leading to internal dissent or turnover. These consequences can hinder long-term strategic growth and sustainability, illustrating that compliance is integral not only legally but also ethically and commercially.
The Foreign Exchange Market
A basic understanding of the foreign exchange (forex) market is vital for employees involved in international business. The forex market is a globally decentralized marketplace for trading currencies, where participants exchange currencies at floating or fixed rates.
The Spot Market
The spot market is the most straightforward segment of the forex market, where currencies are exchanged immediately at the current market price, known as the spot rate. Transactions are settled typically within two business days and serve as the foundation for other forex trading activities (Madura, 2020). This market is vital for immediate currency exchange needs, including imports, exports, and travel.
Foreign Exchange Brokers vs. Foreign Exchange Dealers
Foreign exchange brokers act as intermediaries connecting buyers and sellers, facilitating currency transactions without ever taking ownership of the currencies involved. They earn commissions or fees for their services and are often used by retail traders and small businesses (Bank of International Settlements [BIS], 2019). Conversely, foreign exchange dealers are financial institutions or large firms that actively buy and sell currencies as part of their trading operations, often maintaining inventories of various currencies to meet client needs or speculate on currency movements (BIS, 2019).
Direct Quotes, Indirect Quotes, and Cross-Rates
A direct quote expresses the domestic currency cost of one unit of foreign currency, such as USD per EUR. An indirect quote, conversely, specifies how much domestic currency is needed to purchase one unit of foreign currency (Madura, 2020). Cross-rates are used to determine exchange rates between two currencies indirectly via a third currency, often the USD.
Cross-Rate Calculation Example: Argentine Peso to Euro
Suppose the USD/ARS rate is 150 pesos per dollar, and the USD/EUR rate is 0.85 euros per dollar. To find the ARS/EUR cross-rate:
ARS/EUR = (USD/EUR) × (USD/ARS)
ARS/EUR = 0.85 × 150
ARS/EUR = 127.50 pesos per euro
This means 127.50 Argentine pesos are equivalent to one euro.
Conclusion
Understanding the FCPA and international anti-corruption efforts is essential for organizations operating globally, both to avoid legal repercussions and to maintain ethical standards. The consequences of non-compliance extend beyond fines, impacting reputation and operational costs, which underscores the importance of adherence. Equally critical is the comprehension of the foreign exchange market, particularly the spot market, trading participants, and quoting conventions, which are crucial for efficient international financial transactions and strategic decision-making. As global markets become increasingly interconnected, knowledge of these elements is vital for new hires and established professionals alike to navigate the complex landscape of international commerce ethically and effectively.
References
- Bank of International Settlements. (2019). Foreign exchange market characteristics. BIS Quarterly Review.
- Financial Crimes Enforcement Network (FinCEN). (2021). Anti-bribery and anti-corruption legislation overview. U.S. Department of the Treasury.
- Madura, J. (2020). International financial management (13th ed.). Cengage Learning.
- Murphy, C. (2018). Corporate reputation and compliance failure. Journal of Business Ethics, 152(3), 731–746.
- Organisation for Economic Co-operation and Development (OECD). (2019). OECD anti-bribery convention. OECD Publications.
- U.S. Securities and Exchange Commission (SEC). (2020). The FCPA: A guide for compliance professionals.
- Sullivan, R., & Beauchamp, T. (2019). Business ethics: Ethics and stakeholder management. Business Ethics Quarterly, 29(4), 481–502.
- United Nations Office on Drugs and Crime (UNODC). (2020). The United Nations Convention against Corruption (UNCAC).
- U.S. Department of Justice. (2021). FCPA enforcement actions and guidance.
- Walters, R. (2017). Navigating the foreign exchange market: Fundamentals and strategies. Financial Analysts Journal, 73(2), 55–68.