Trump to pause enforcement of law banning bribery of foreign officials

The reasoning is that if other countries allow their businessmen to bribe foreign officials then the USA is at a disadvantage. Therefore it is now OK at least according to Trump for some bribes. It looks like the law was rarely prosecuted in the USA but what kind of message does this send to other nations?

Michie said:

Other nations are already participating in it.

My understanding is he thinks US businesses should be allowed to obtain advantages through corruption abroad, like the Russians and Chinese already are. He wants an even playing field for the US.

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Ok, but just because other nations give bribes it does not make it moral to participate. Where is the line drawn? If other nations use blackmail, intimidation and torture should the USA allow that too? Of course some of that already occurs but lets hope there are some things off limits.

Michie said:

I’m just telling you my understanding of the situation and his thought process on business transactions and deals. He is trying to even the playing field. It’s a law that was rarely executed as it is. There is nothing about torture and the like. We have (supposedly) been leading by example of this for many years. It’s done nothing to influence how other nations do their business. It’s not going to suddenly influence other nations one way or the other in how they do business now.

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So morally it is OK to level the playing field? What are the limits? Should we also provide sex workers like China does to businessmen? I'll assume that is legal, but it still is not moral. I know someone whose company had to give a bribe for doing business with a certain government official of a foreign country. Likely they could have been prosecuted under FCBA. So we are in a sense incentivizing bribery thru this executive action (assuming it is even legal to ignore law) and yes it will be more commonplace because these officials and businesses know that Trump gave the green light. Sure we will get more deals done, but they are underhanded and harm the whole contractual process and public confidence. This is because some bribes do not go to the company but rather individuals. Here is a suggested alternative and a link to a good read on the Alcoa bribery case.

"Chief among them are instilling a corporate culture that doesn’t tolerate corruption and responding to dubious requests with alternative, legitimate suggestions to provide support, says Wharton management professor Witold Henisz, author of the upcoming book Corporate Diplomacy: Building Reputations and Relationships with External Stakeholders. “There are other ways to contribute, by providing jobs for the local population, enabling technology transfers and offering solutions to local challenges, instead of lining pockets,” he notes." Source: Aluminum Giant Alcoa’s Costly Lesson on the Pitfalls of Corruption

Michie said:

Like I said, I’m explaining the mindset. You are going off the deep end with this. Do you really think regardless of that law that was rarely executed affected anything? Look at the Bidens. All the other politicians caught in these deals. Morally it’s not on the up and up. But our politicians are not our moral examples. Regardless of lame duck laws as window dressing, one must face the reality of the situation at some point and fight for the best interest of the country you have been chosen to lead. I don’t know what else to tell you. Best thing to do is pray and hope for the best because other nations are not going to give up the way they do business because of us. All of history to this day shows that.

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As I look into this further the FCPA is only about a U.S. company that bribes foreign officials to secure a contract. It may sound harmless, but it breeds corruption because it is not the foreign nation that gets the benefit, it is the ones that accept the bribe. So this is not about U.S. politicians and bribery. They generally know how to give legal graft. A President can channel money too through the CIA etc., and that is perfectly legal for the security interests of America.

Though there are few prosecutions there are far more fines that are paid to "settle" cases, from lots of companies. Wal-Mart, Raytheon, John Deere, Oracle, 3M, Honeywell are just a few companies that have had issues. Some bribery also facilitates other nefarious issues. Like giving a bribe to offset quality control issues. It also is said to erode trust between nations.

Loosening the restrictions will just mean we are exporting more corruption. It also is a moral dilemma for those workers that have to be a part of the bribe. Here is where a list of SEC actions against companies over the years in dealing with the FCPA. There are plenty of scriptures about bribery too. So I do not think there is any case that can be made to defend Trump's actions.


Isaiah 33:15-16
He who walks righteously and speaks with sincerity, He who rejects unjust gain And shakes his hands so that they hold no bribe; He who stops his ears from hearing about bloodshed And shuts his eyes from looking upon evil; He will dwell on the heights, His refuge will be the impregnable rock; His bread will be given him, His water will be sure.

I get it that corporate sellers think they sometimes lose business, but in God's economy the best path to success is steer clear of bribery.

Source: 7 Bible verses about Bribery

Hazelelponi said:

I've not thought this through, I am in essence just thinking aloud.

Yes, we don't want to engage in bribery in our country.

But I have a question, when you go to some foreign countries it is an expectation even for the locals that when you are going through a checkpoint or get pulled over driving that with your papers that you have to show the officer, you also slip in a few dollars as well.

It's custom and applies to everyone that officer does not have direct ties to.

You have a choice not to pay the money but you will go to jail and to local people you don't seem principled you just seem snobby. It just is.

There's a certain amount of when in Rome mentality that Paul did allude to that makes it worthwhile to look at and decide if this law is one that is worded in a manner that works best for us?

For example, the slippery slope you mentioned, perhaps we can cap foreign bribes and keep the number it's capped at top secret classified information that we can give to American businesses who are doing international trade relations.

There's no point having a number just floating around in the ether for any foreign business to simply be able to top, but it prevents a slippery slope from forming in that respect.

And also make sure that we specify all laws they would have to otherwise follow in America they should also follow while doing business overseas.

That prevents purchasing pedophiles any victims and such like that, and if we catch businesses engaging in that sort of activity overseas we can prosecute them for it.

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Here is what FCPA is supposed to cover. It is not about individual bribery at the border. "The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business." The cases listed on the SEC website involve millions of dollars. Like giving a government official money so that they will buy your companies aircraft or be given a oil lease for drilling.

Truth7t7 said:

Small potatoes, congress needs to stop "Lobbying" in the US which is direct bribery to US congressional lawmakers to the detriment of US taxpayers, when they stop the "Lobbying" bribery that all of congress is involved in then we can move on to smaller horizons

Paying a foreign official is the cost of doing business around the world, just like taking a business associate out to a $500 dinner, seats in the clubhouse suite for the world series standard practice on the USA home field

Let China wine and dine world leaders while American business owners sit and watch?

If you researched the act that was passed by congress, you'll probably find China's "Lobbying" $$$ to get the Act passed

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You are right there are lots of money conflicts in Congressional dealing and campaign funds.
The FCPA cases that are brought add are in the tens of millions. Here is the largest all time. "In October 2020, Goldman Sachs settled charges that it paid over $1 billion in bribes to high-level officials in Malaysia and the UAE to obtain lucrative business contracts. As a result, Goldman Sachs was forced to pay $1.6 billion to the US government — $1.2 billion to the DOJ and $400 million to the SEC — as well as an additional $1.3 billion to the United Kingdom, Singapore, and elsewhere."
So by eliminating the prosecution of FCPA, it will cost the taxpayer money because those funds like the 1.6 billion settlement will never be recouped.