Policeman for the World: The Impact of Extraterritorial FCPA Enforcement on Foreign Investment and Internal Controls

2021 ◽  
Author(s):  
Hans B Christensen ◽  
Mark G Maffett ◽  
Thomas Rauter
Keyword(s):  
Foreign Investment ◽  
Regulatory Compliance ◽  
Internal Controls ◽  
Deterrent Effect ◽  
Accounting Systems ◽  
Foreign Corrupt Practices Act ◽  
Playing Field ◽  
Frequent Use ◽  
Regulatory Cooperation ◽  
The Impact

We show that a mid-2000s increase in extraterritorial enforcement of the US Foreign Corrupt Practices Act (FCPA), characterized by greater international regulatory cooperation and more frequent use of the FCPA’s accounting provisions, has a significant deterrent effect on foreign direct investment in high-corruption-risk countries. The decrease in investment is at least as large for non-US as for US firms, suggesting that widespread extraterritorial enforcement helps to create a level foreign-investment playing field. Firms under US jurisdiction with fundamental characteristics that make it more difficult to maintain effective internal controls invest less in high-corruption-risk countries after the FCPA enforcement increase, suggesting regulatory compliance costs play a role in deterring investment. Consistent with investments in accounting systems being one way firms limit enforcement risk when investing in high-corruption-risk countries, firms pursuing new investments spend more time evaluating potential targets and firms with existing investments report fewer restatements related to unintentional errors.

US Securities and Exchange Commission’s announcement of chief of Foreign Corrupt Practices Act unit signals possible anti-bribery enforcement focus on non-United States issuers

2018 ◽  
Vol 19 (1) ◽  
pp. 31-34
Author(s):  
James L. Sanders ◽  
Kyle Bahr ◽  
Calvin Chan ◽  
Charles Hewetson
Keyword(s):  
United States ◽  
Design Methodology ◽  
Internal Controls ◽  
Legal Counsel ◽  
Foreign Corrupt Practices Act ◽  
Content Type ◽  
Playing Field ◽  
Additional Pressure ◽  
The Us

Purpose This paper explains how recent statements by the US Securities and Exchange Commission’s (SEC’s) leadership – including the new Chief of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit – signal the American regulator’s intent to “level the playing field” by stepping up its investigations and enforcement of companies worldwide and what non-US issuers can do to prepare. Design/methodology/approach Uses information included in the announcement naming Charles E. Cain as Chief of the SEC’s specialized FCPA Unit to lay out an argument that the Unit’s priorities may focus more on non-US companies than US companies. Findings Based on past statements and written accounts made by Mr Cain, and with the tacit support of other senior SEC officials, it can be assumed that non-US companies will experience additional scrutiny from the SEC, in the name of leveling the playing field. Furthermore, it can be assumed that the SEC will place additional pressure on anti-corruption regimes in other international jurisdictions to do their part in combatting corruption. Originality/value This paper is of value to personnel within non-US issuers who are responsible for creating and enforcing their organization’s anti-bribery or anti-corruption policies and internal controls. It is also of value to legal counsel interested in developing an understanding of the current priorities of the SEC as far as the FCPA is concerned.

Internal Control Material Weaknesses and Foreign Corrupt Practices Act Violations

2018 ◽  
Vol 3 (1) ◽  
pp. A80-A104
Author(s):  
Yi-Hung Lin ◽  
Meghann A. Cefaratti ◽  
Chih-Chen Lee ◽  
Hua-Wei Huang
Keyword(s):  
Internal Control ◽  
Regulatory Compliance ◽  
Internal Controls ◽  
Control Environment ◽  
Control Material ◽  
Foreign Corrupt Practices Act ◽  
Material Weaknesses ◽  
And Control ◽  
The Relationship ◽  
Jel Classifications

ABSTRACT The purpose of this research is to investigate the relationship between internal control material weaknesses (ICMWs), as measured by presence, number, and type, and Foreign Corrupt Practices Act (FCPA) violations. Our results indicate that firms with ICMWs are more likely to violate the FCPA and firms with multiple ICMWs have a higher likelihood of violating the FCPA than firms with fewer ICMWs. Further, firms with ICMWs related to the risk assessment, control environment, and control activities components of internal controls (based on the COSO Internal Control—Integrated Framework) present a higher risk of FCPA violations than firms without ICMWs in those areas. These findings substantiate the importance of effective internal controls in supporting firms' regulatory compliance. JEL Classifications: M42; M48; D73.

Food, Water and the Consequences of Society Not Valuing the Environment

2019 ◽  
pp. 858-878 ◽  
Author(s):  
Tony Allan
Keyword(s):  
Political Economy ◽  
Human Health ◽  
Food Production ◽  
Food System ◽  
Food Prices ◽  
The Political ◽  
Environmental Services ◽  
Accounting Systems ◽  
The Impact

The first purpose of this chapter is to highlight the impact of the food system on environmental and human health. The delivery of secure affordable food is a political imperative. Unfortunately, the food system that delivers it is environmentally blind. Food prices do not effectively reflect the value of food and often seriously mislead on the costs and impacts of food production. For example, actual food production takes place in a failed market—the value of environmental services such as water and the supporting ecosystems are not taken into account. The second purpose is to summarize and expose the political economy of the different ‘market’ modes of the food system. It is shown that there are weak players such as underrewarded and undervalued farmers who support society by producing food and stewarding our unvalued environment. The inadequacies of accounting systems are also critiqued.

scholarly journals Foreign investment in emerging legal medicinal cannabis markets: the Jamaica case study

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Marta Rychert ◽  
Machel Anthony Emanuel ◽  
Chris Wilkins
Keyword(s):  
Civil Society ◽  
Foreign Investment ◽  
Production Efficiency ◽  
Production Quality ◽  
Small Scale ◽  
Organic Cultivation ◽  
Enhanced Production ◽  
Political Interference ◽  
Medicinal Cannabis ◽  
The Impact

Abstract Introduction The establishment of a legal market for medicinal cannabis under the Dangerous Drugs Amendment Act 2015 has positioned Jamaica at the forefront of cannabis law reform in the developing world. Many local cannabis businesses have attracted investment from overseas, including from Canada, US and Europe. Aim To explore the opportunities and risks of foreign investment in an emerging domestic legal cannabis market in a developing country. Methods Thematic analysis of semi-structured face-to-face interviews with 22 key informants (KIs) from the Jamaican government, local cannabis industry, academia and civil society, and field observations of legal and illegal cannabis cultivators. Results KIs from the Jamaican public agencies and domestic cannabis entrepreneurs saw foreign investment as an essential source of capital to finance the start-up costs of legal cannabis businesses. Local cannabis entrepreneurs prioritised investors with the greatest financial resources, brand reputation and export networks. They also considered how allied an investor was with their business vision (e.g., organic cultivation, medical vs. recreational). The key benefits of partnering with a foreign investor included transfer of technical knowledge and financial capital, which enhanced production, quality assurance and seed-to-sale tracking. Some KIs expressed concern over investors’ focus on increasing production efficiency and scale at the expense of funding research and development (R&D) and clinical trials. KIs from the local industry, government agencies and civil society highlighted the risks of ‘predatory’ shareholder agreements and domestic political interference. Concerns were raised about the impact of foreign investment on the diversity of the domestic cannabis sector in Jamaica, including the commitment to transition traditional illegal small-scale cannabis cultivators to the legal sector. Conclusion While foreign investment has facilitated the commercialisation of the cannabis sector in Jamaica, regulatory measures are also needed to protect the domestic industry and support the transition of small-scale illegal cultivators to the legal regime. Foreign investments may alter the economic, social and political determinants of health in transitioning from illegal to legal cannabis market economy.

An industry perspective

2015 ◽  
Vol 7 (1) ◽  
pp. 78-89 ◽  
Author(s):  
Joanne Taylor ◽  
Jean Pierre Garat ◽  
Samer Simreen ◽  
Ghida Sarieddine
Keyword(s):  
Food Safety ◽  
United Arab Emirates ◽  
Safety Culture ◽  
Safety Management ◽  
Regulatory Compliance ◽  
Content Type ◽  
Roles And Responsibilities ◽  
Management Standards ◽  
The Impact ◽  
Food Safety Culture

Purpose – This paper aims to outline the food safety roles and responsibilities within the industry that play an important role in the success of government initiatives, demonstrated using a new model of Food Safety Culture Excellence. It is the sixth article in a Worldwide Hospitality and Tourism Themes theme issue presenting a comprehensive government strategy for improving food safety management standards across the hospitality industry. Design/methodology/approach – A case study is used to demonstrate the impact of auditing the 16 dimensions of Food Safety Culture Excellence in practice. The business selected was the first in Abu Dhabi to achieve regulatory compliance for HACCP-based food safety management, and the first to conduct a Food Safety Culture Excellence audit in the United Arab Emirates. Findings – This article demonstrates how the concept of food safety culture works in practice, using the Food Safety Culture Excellence Model with four categories and 16 dimensions. It demonstrates how the auditing of culture within a business can highlight strengths and weaknesses and facilitate continual improvement. Originality/value – The article represents the first published model of Food Safety Culture Excellence, an extensively researched and tested model developed by Taylor Shannon International Ltd. and launched in conjunction with Campden BRI in 2014. It also demonstrates the first audit of the model in practice.

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

تدفقات الاستثمار الأجنبي المباشر وأثره على البطالة في العراق للمدة (2004-2017) دراسة تحليلية باستخدام التكامل المشترك المتزامن

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
خالد عواد ◽  
مهند عبد ◽  
بلال اسعد
Keyword(s):  
International Trade ◽  
Foreign Investment ◽  
Economic Liberalization ◽  
Unemployment Rates ◽  
Equilibrium Relationship ◽  
The Impact

This research aims to show the impact of foreign investment inflows into Iraq on changes in unemployment after 2004, in light of the emergence of ideas of globalization in various aspects and the convergence of distances between countries due to the development of knowledge and scientific means of communication and by the policies of economic liberalization and international trade. A long - term equilibrium relationship between foreign investment flows and unemployment, and that changes in unemployment rates explain the change in FDI flows.

Does foreign direct investment influence R&D activity in the host country? Evidence from Vietnam

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Van Ha ◽  
Mark J. Holmes ◽  
Gazi Hassan
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
Probit Model ◽  
Innovation Activity ◽  
Heckman Selection Model ◽  
Content Type ◽  
Domestic Firms ◽  
The Impact ◽  
Local Firms

PurposeThis study focuses on the linkages between foreign direct investment and the research and development (R&D) and innovation activity of domestic enterprises in Vietnam.Design/methodology/approachThe Heckman selection model approach is applied to a panel dataset of nearly 7,000 Vietnamese firms for the 2011–2015 study period to investigate the impact of foreign presence on the R&D of local firms through horizontal and vertical linkages. Probit model estimation is employed to examine how foreign investment influences the innovation activity of local companies.FindingsWhile there are a small number of firms carrying out R&D activities in Vietnam, foreign or joint domestic–foreign venture firms are less inclined than domestic firms to undertake R&D. Domestic factors that include capital, labor quality, location and export status of firm have a significant effect on the decision of domestic firms to participate in R&D activity. Only forward linkages and the gross firm output are found to have an impact on the R&D intensity of domestic enterprises, while other factors appear to have no significant influence on how much firms spend on R&D activities.Practical implicationsIn order to promote the R&D activity of domestic firms, policy should focus on (1) the backward linkages between local firms in downstream sectors with their foreign suppliers in upstream sectors, and (2) the internal factors such as labor, capital or location that affect the decisions made by domestic firms.Originality/valueGiven that foreign investment may affect R&D and innovation activity of local firms in host countries, the impact is relatively unexplored for many emerging economies and not so in the case of Vietnam. The availability of a unique survey on Vietnamese firm technology and competitiveness provides the opportunity to address this gap in the literature.

Filling in the gaps in bookkeeping and tax accounting: A comparative analysis of international and Russian practices

2021 ◽  
Vol 24 (3) ◽  
pp. 338-368
Author(s):  
Ekaterina V. OLOMSKAYA ◽  
Andrei A. AKSENT'EV
Keyword(s):  
Information Systems ◽  
Tax Planning ◽  
Accounting System ◽  
Accounting Systems ◽  
Accounting Information System ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
The Cost ◽  
The Impact ◽  
Tax Accounting

Subject. This article explores the origination of the differences between bookkeeping and tax accounting, and their impact on decision-making. Objectives. The article aims to examine the reasons for the discrepancies between bookkeeping and tax accounting, reveal some aspects of accounting of differences from the position of their registration in a uniform accounting system or two parallel systems, if available, and determine the impact of such gaps on investment and management decisions. Methods. For the study, we used analysis and synthesis, observation, comparison, and the dialectical and data collection methods. Results. The article reveals the key features of the interaction between bookkeeping and tax accounting in Russia and foreign countries. It justifies that in today's economic realities, addressing shortcomings between these information systems is not a necessity, and shows the possible impact of differences on investment decisions. The article also graphically presents the application of cost-plus and balance-based methods of accounting for deferred taxes depending on the way information systems are organized, as well as their comparative characteristics. Conclusions and Relevance. The discrepancies between the two accounting systems provide an opportunity to assess the impact of tax planning on drawing a veil over the accounting profit. Studying the cost and balance methods, as well as the dialectic of the interaction of tax planning with the accounting information system, remain relevant. The results of the study can be useful to accounting and tax specialists, and other stakeholders who are studying the interactions of these information systems.

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