International Legal Issu qb

Information about International Legal Issu qb

Published on October 17, 2007

Author: Nathaniel

Source: authorstream.com

Content

Slide1:  INTERNATIONAL LEGAL ISSUES Sales Reps & Export Controls © Curtiss-Wright Corp. 2001 CWFS International Legal Issues CWFS Sales Meeting - January 2001 TOPICS:  TOPICS SALES REPS CWC Policy No. 15 Certification Form Foreign Corrupt Practices Act (FCPA) CWC Policy No. 11 OECD Treaty EXPORT CONTROL What Kind of Common Contacts Raise Export Issues? Who Sets Rules? Which Rules Apply? What to Watch Out For? CWAT Data USING SALES REPRESENTATIVES:  USING SALES REPRESENTATIVES CERTIFICATION FORM FOR PROPOSED SALES REP AGREEMENTS:  CERTIFICATION FORM FOR PROPOSED SALES REP AGREEMENTS (1) I have been advised of the provisions of the Company's Code of Conduct and of the Foreign Corrupt Practices Act. (2) To the best of my knowledge, information and belief no transactions under or in furtherance of the requested agreement violate or will violate the Code of Conduct or the Foreign Corrupt Practices Act. (3) In addition to me, the following Curtiss-Wright* [*insert applicable subsidiary] employees are knowledgeable as to the requested agreement and the transactions to which it relates: (List Names of Other Employees) BRIBERY & CORRUPTION LAWS:  BRIBERY & CORRUPTION LAWS International Anti-Bribery And Fair Competition Act of 1998 FCPA OECD CONVENTION Foreign Corrupt Practices Act (FCPA):  Foreign Corrupt Practices Act (FCPA) Updated and Expanded by International Anti-Bribery And Fair Competition Act of 1998 Changes to Conform to the OECD Convention Governs U.S. Citizens in the U.S. Governs U.S. Citizens Overseas Governs Foreign Persons in the U.S. Foreign Persons Overseas Governed by Laws of Their Countries (and country in which doing business) ELEMENTS:  ELEMENTS 1. “Covered Person” 2. Acting “Corruptly” 3. Using Interstate Commerce (except U.S. person acting corruptly outside of the U.S.) 4. Offers to pay, pays, promises to pay, or authorizes the payment of any money, or offer, gift, promise to give, or authorization of giving anything of value 5. To a “foreign official,” party or candidate (or intermediary) 6. For the purposes of influencing any act or decision of a foreign official in his official capacity, or inducing such official to do or omit to do any act in violation of the lawful duty of the official, or securing any improper advantage 7. In order to obtain or retain business FOREIGN OFFICIAL:  FOREIGN OFFICIAL Any officer or employee of foreign government or any department, agency or instrumentality thereof Public International Organizations (e.g. Red Cross, ICAO, etc.) Foreign Government Controlled Companies includes airlines 51% + foreign Govt. owned even includes companies 49% foreign owned technically includes companies 1% foreign owned, but may be able to make arguments EXCEPTIONS & DEFENSES :  EXCEPTIONS & DEFENSES Routine Government Actions: (e.g., small payments to expedite routine governmental actions e.g., issuing permit, processing visa) Payment Is Lawful Under Written Laws of the Foreign Country: Reasonable & Bona Fide Expenditures: (e.g., payment of reasonable bona fide travel and lodging foreign official directly related to promotion of our products or services) PENALTIES:  PENALTIES Penalties for Violation of the FCPA would be a fine of up to $2,000,000 against the Corporation, and a fine of up to $100,000 together with imprisonment for up to five (5) years for each involved officer, director, employee, agent or stockholder. OECD Treaty:  OECD Treaty Passed by __ Countries Includes Denmark, U.K., Switzerland Singapore has its own rules, but not signatory of OECD More Countries Adopting All the Time Rules Parallel Prohibitions Under FCPA Each country adopts its own laws “Levels the Playing Field” Comply with FCPA and You Will Generally Be in Compliance With OECD OECD Convention FAQ’s Page: http://www.oecd.org/daf/nocorruption/faq.htm OECD SIGNATORY COUNTRIES:  OECD SIGNATORY COUNTRIES There are presently 34 signatories to the Convention, representing many of the world’s largest trading partners. This includes all 29 OECD countries (Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States) as well as 5 non-OECD countries (Argentina, Brazil, Bulgaria, Chile, and Slovak Republic). COUNTRIES THAT HAVE RATIFIED THE CONVENTION:  COUNTRIES THAT HAVE RATIFIED THE CONVENTION Iceland (17 August 1998) Japan (13 October 1998) Germany (10 November 1998) Hungary (4 December 1998) United States (8 December 1998) Finland (10 December 1998) United Kingdom (14 December 1998) Canada (17 December 1998) Norway (18 December 1998) Bulgaria (22 December 1998) Korea (4 January 1999) Greece (5 February 1999) Austria (20 May 1999) Mexico (27 May 1999) Sweden (8 June 1999) Belgium (27 July 1999) Slovak Republic (24 September 1999) Australia (18 October 1999) Spain (14 January 2000) Czech Republic (21 January 2000) Switzerland (31 May 2000) Turkey (26 July 2000)* France (31 July 2000) Brazil ((24 August 2000)* Denmark (5 September 2000) Poland (8 September 2000)* Portugal (23 November 2000) “Red Flags”:  “Red Flags” Country-Related Factors Product-Related Factors Agent’s Reputation Relationships w/ Foreign Government Refusals to Certify Compliance Lack of Internal Controls and Audits Payments Made Through Third Parties or To Third Countries Unsupported Cash Transactions CWC POLICY No. 11:  CWC POLICY No. 11 Applies to All CW Employees and Subsidiaries (incl. Foreign Subsidiaries) CW Policy Is Against the Use of Unethical or Illegal Conduct to Advance the Interests of the Company No Fine or Penalty Imposed Against an Individual for Violation of FCPA Will Be Reimbursed Or Paid Directly or Indirectly by the Company Policy No. 11 Contains a Brief Summary of the FCPA Read It, Learn It, Live By It EXPORT CONTROLS:  EXPORT CONTROLS Slide18:  EXPORT CONTROL What Kind of Common Contacts Raise Export Issues? Who Sets Rules? Which Rules Apply? What to Watch Out For? CWAT Data What Kind of Common Contacts Raise Export Issues? :  What Kind of Common Contacts Raise Export Issues? Foreign Customers Technical Data for Overseas RFP’s Foreign Suppliers/Subcontractors Domestic Companies --Foreign Owned Who Sets Rules? :  Who Sets Rules? State Department (http://www.pmdtc.org/) Arms Export Control Act International Trading in Arms Regulations (ITAR) United States Munitions List (USML) Commerce Department (http://www.bxa.doc.gov/) Export Administration Act Export Administration Regulations (EAR) Commodities Control List (CCL) Treasury Department (http://www.ofactracker.com/) Office of Foreign Asset Control (OFAC) Regulations Which Rules Apply To CWFS?:  Which Rules Apply To CWFS? CWFS Commercial Aircraft Parts Commerce Department (Generally No License Required) CWFS Military Aircraft Parts State Department (Generally License Required) Other CWFS Products Depends on Classification - Commerce or State Note: Treasury Department Asset Control Regulations Generally Apply To All CWFS Products (Sales to Prohibited Countries) THE BASIC FACTUAL INQUIRY:  THE BASIC FACTUAL INQUIRY What is my item? How is it classified? Where is it going? How will it get there? Who else will “touch” the transaction? Who will receive it? What will be the end-use? What to Watch Out For? :  What to Watch Out For? Embargoed/Restricted Countries & Groups Denied Entities Missiles (Significant Military Equipment) Embargoed Countries & Groups http://www.pmdtc.org/country.htm:  Embargoed Countries & Groups http://www.pmdtc.org/country.htm Prohibited/Restricted Countries (as of January 2001) Afghanistan Liberia Armenia Libya Angola (UNITA) North Korea Azerbaijan Pakistan Burma Rwanda Belarus Somalia China (PR) Sudan Cuba Syria Cyprus Tajikistan Haiti UNITA (Angola) India Vietnam Indonesia Yemen Iran Yugoslavia (Serbia and Montenegro) Iraq Zaire Narcotics Traffickers Terrorists DENIED ENTITIES:  DENIED ENTITIES HANDLING CWAT TECHNICAL DATA:  HANDLING CWAT TECHNICAL DATA PENALTIES:  PENALTIES Civil or Criminal Penalties Seizures and Forfeiture Fines up to $1 Million per violation or 5 times the export value Imprisonment up to 5 years Debarment and Suspension of Exporting Privileges Restriction or Revocation of Facility Clearances Debarment and Suspension from U.S. Government Contracting Q & A:  Q & A ???????????? Where To Get Help? :  Where To Get Help? The Web Sites Listed This Presentation Your “Friendly” Law Department I’m Done... Time to Wake Up!!:  I’m Done... Time to Wake Up!!

Related presentations


Other presentations created by Nathaniel

11 noise
26. 02. 2008
0 views

11 noise

Great Barrier Reef Marine Park
10. 10. 2007
0 views

Great Barrier Reef Marine Park

Morris
12. 10. 2007
0 views

Morris

Women Inventors
15. 10. 2007
0 views

Women Inventors

local anesthetics 2006
15. 10. 2007
0 views

local anesthetics 2006

NILE
21. 10. 2007
0 views

NILE

SEAPORT ENHANCED
22. 10. 2007
0 views

SEAPORT ENHANCED

World War II
23. 10. 2007
0 views

World War II

NorthAfrica
23. 10. 2007
0 views

NorthAfrica

mascots aodv
30. 10. 2007
0 views

mascots aodv

securite adhoc
07. 10. 2007
0 views

securite adhoc

xie
25. 10. 2007
0 views

xie

UP
03. 01. 2008
0 views

UP

pc dvl
02. 10. 2007
0 views

pc dvl

Optimised PR
08. 10. 2007
0 views

Optimised PR

FTMA latest
21. 10. 2007
0 views

FTMA latest

5 Productivity CPE jun2004
17. 10. 2007
0 views

5 Productivity CPE jun2004

Esto es hermoso
02. 10. 2007
0 views

Esto es hermoso

Gaffney
04. 12. 2007
0 views

Gaffney

jfy2001
09. 10. 2007
0 views

jfy2001

omni cdr
04. 01. 2008
0 views

omni cdr

A2 Allan Clark
15. 10. 2007
0 views

A2 Allan Clark

luther
27. 02. 2008
0 views

luther

me579 04 MP 4fcns
28. 02. 2008
0 views

me579 04 MP 4fcns

Raytheon
07. 03. 2008
0 views

Raytheon

Dorin Marcu COLLAGEN
11. 03. 2008
0 views

Dorin Marcu COLLAGEN

amp
12. 03. 2008
0 views

amp

TUAB201
13. 03. 2008
0 views

TUAB201

PONENCIA JDB EXTENDA
23. 10. 2007
0 views

PONENCIA JDB EXTENDA

MorganStanley Mazzilli
26. 03. 2008
0 views

MorganStanley Mazzilli

mountains
03. 10. 2007
0 views

mountains

Fumi
29. 10. 2007
0 views

Fumi

parent brief 07
02. 11. 2007
0 views

parent brief 07

Kathryn Mohrman
16. 10. 2007
0 views

Kathryn Mohrman

Embryology
15. 11. 2007
0 views

Embryology

06 Hallegatte Perugia
14. 04. 2008
0 views

06 Hallegatte Perugia

june052002 session1
16. 04. 2008
0 views

june052002 session1

102505brownbag
17. 04. 2008
0 views

102505brownbag

NetMarkets
18. 04. 2008
0 views

NetMarkets

02 P Daniel
22. 04. 2008
0 views

02 P Daniel

SynFormationII
10. 10. 2007
0 views

SynFormationII

proposal tanzania
28. 04. 2008
0 views

proposal tanzania

Adelsheim
07. 01. 2008
0 views

Adelsheim

overview6 hooks
07. 05. 2008
0 views

overview6 hooks

Healthways MHS Stories
02. 05. 2008
0 views

Healthways MHS Stories

whytalk2rev
02. 05. 2008
0 views

whytalk2rev

Doing Business With UNDP
22. 10. 2007
0 views

Doing Business With UNDP

10638222521Maroc Onep French
23. 10. 2007
0 views

10638222521Maroc Onep French

030515 mattiaslinde
20. 11. 2007
0 views

030515 mattiaslinde

Dylan WIT
15. 10. 2007
0 views

Dylan WIT

tbc
25. 10. 2007
0 views

tbc

P1091 NEPAD 3Years Oct2004
23. 10. 2007
0 views

P1091 NEPAD 3Years Oct2004

santosppt5
12. 10. 2007
0 views

santosppt5

epidemics
05. 10. 2007
0 views

epidemics

Ft Subscription
29. 09. 2007
0 views

Ft Subscription

erwin broeders
16. 10. 2007
0 views

erwin broeders

lgb BMR hors ed
24. 10. 2007
0 views

lgb BMR hors ed

E6MScomparativeadjec tives
03. 10. 2007
0 views

E6MScomparativeadjec tives

20years
16. 10. 2007
0 views

20years

revitalizingiudscond ensed
25. 03. 2008
0 views

revitalizingiudscond ensed

Make Half Your Grains Whole
04. 03. 2008
0 views

Make Half Your Grains Whole

20061020MMGAConf
17. 10. 2007
0 views

20061020MMGAConf

jerry landerson
29. 02. 2008
0 views

jerry landerson

NAP de Mesoamerica 082003 v3
22. 10. 2007
0 views

NAP de Mesoamerica 082003 v3

PrionDisease
16. 10. 2007
0 views

PrionDisease