The Ethical Guidelines Provided By The Cima Provides Different Conflict Resolutions

Canada is a multicultural country. Healthcare providers, therefore, face certain challenges associated with this. The CMA Code of Ethics recommends that “physicians provide patients with whatever information that will, from the patient's perspective, have a bearing on medical care decision-making and communicate that information in a way that is comprehensible to the patient.” [1]. This statement has a very important message, which implies that the truth telling is not a mandatory burden that every patient must endure but rather a stage-like process delivered by a healthcare provider and guided by the patient.

The Foreign Corrupt Practices Act of 1977- is a U.S. Federal Law that prohibits any U.S. citizen from bribing a foreign official for the purpose of obtaining

The provincial government supplements the agency’s budget by paying for the service work my agency does for their clients. The 9:00 am time slot has been reserved for health ministry and child protection authority referrals. It is prepaid by the provincial government. By booking an EAP client in a provincial government slot the agency is illegally profiting because they are getting paid twice for one client. According to BCACC code of ethics (2014) the RCC will “avoid exploitation of others for personal, professional, or financial gain” (p. 7), it is my responsibility to act with the “highest integrity possible in every situation” (BCACC Code of Ethics, 2008, p. 7). Thus, I would have to avoid conflicts of interest between me, my agency, and my supervisor. I would seek advisory from my association or an external supervisor regarding this conflict. I am also concerned about the well-being of the provincial government’s clients (Board of Directors, 2014, p. 6), and their right for counselling service.

(Wells, 2011, p. 241). Bribery can come in many different forms but generally is defined as an act in which something of value is offered, given, received or solicited with the intent of influencing an official act. Illegal gratuities can be similar to bribes except these are usually given as a reward. Economic extortion is basically the demanding of money. “A conflict of interest occurs when an employee, manager, or executive has an undisclosed economic or personal interest in a transaction that adversely affects the organization.” (Wells, 2011, p. 242). These are not all corruption schemes that exist but have been determined to be more common than others and ones that should definitely be watched for when completing an audit or a full financial status review.

Each of these jurisdictions works together to keep aspects of FCPA from being violated. This law is not always prohibiting all payments to the foreign officials. The FCPA has an exception for anti-bribery prohibitions and that is called “ routine government action.” This exception is also given the names “facilitating” or “ grease payment.” The Foreign Corrupt Practices Act defines this “routine government action” as for a foreign official to perform in obtaining permits, licenses, or other official documents that enable then to do business in that country, processing government papers such as visa and work orders, protection services and conducting inspections, and anything that has similar nature (6). The Foreign Corrupt Practices Act (FCPA) has two affirmative defenses and they consist of assertion that payment in question was lawful under the laws of the foreign country, and the assertion that the payment was valued a bona fide expenditure (6). This affirmative defense is aimed to be for the issuer, domestic concern, or other person. In this affirmative defense there must be some type of written law authorizing or supporting the payment. The penalties for violating the Foreign Corrupt Practices Act are different from the provision that they fall under. For an individual and it is from the anti bribery

Corruption schemes have differences as well as similarities. Bribery is a scheme that impacts a legal deed by proposing, providing, obtaining, or lobbying something of value to change the outcome in a favorable fashion. On the other hand commercial is similar in that something of value is offered in exchange for a certain business decision. Illegal gratuities are perks given as a reward to an employee in exchange for a decision. Most of the time illegal gratuities influence employees to make decisions not in the best interest of the organization. Economic extortion has to do with an organization or individual making a payment that will bring unwanted attention or impairment to the organization. These types of corruption schemes are very similar; however the differences exist in the conflicts of interest. Conflicts of interest occur

Author Scott Nette clearly explains that in July 2007, Anthony Tesvich, Melissa Tesvich, James P. Robinson and Ronald K. Jonston was Investigated, charged and convicted on the Foreign Corrupt Act. “The Foreign Corrupt Act States that it is illegal for an US person, entity and certain applicable foreign entity to make and/or accept bribes or offer any inducement for the purpose of obtaining or retaining business with an US firm.” – Scott Nette

5. Discuss whether the payments outlined on pages 12 and 13 are foreign corrupt practices.

Within this framework, actions that are likely to maximize good effects, or minimize the occurrence of bad effects, are those kinds of actions one is permitted, or obligated (highlighted for emphasis) to perform (though in this framework ‘good’ and ‘bad’ do not necessarily have to be defined strictly in terms of ‘welfare’ and ‘suffering’) (p. 639).

The foreign Corrupt Practices Act prohibits paying or offering anything of value to foreign officials for the purpose of obtaining or keeping a business. The FCPA was enacted by congress in 1977 due to various reports that were made by the Security and Exchange Commission (SEC). The Security and Exchange Commission (SEC) reported different issues concerning bribery and illegal payments by United Sates companies. The FCPA states that it’s unlawful to make payments to foreign officials; having a corrupt intend that will make a foreign official to misuse his or her position in directing a business. The FCPA intends to reinstitute public confidence in the integrity of the American business system.

In 1972, in order to make Nixon win the election the Committee to Re-election of the President of American Republican Party installed bug in Watergate building, the board office of Democratic Party aiming to steal the election policies of the party. The scandal brought great influence to American society. With the investigation deepening, special prosecutor found that the companies of United States had illegal donations during the competing re-election and later more than 400 companies of United States admitted that they made suspicious or illegal payments . They set up secret bribery capital

More specifically, in 1988 Congress amended the law to add two affirmative defenses, “the local law defense and the reasonable and bona fide promotional expense defense” (“A Resource Guide to the FCPA…”, 2012, p.3). This makes it okay for businessmen or businesswomen to get money to travel for promotion of products or services and make corrupt bribes prosecutable under local law. The addition also requested that the President negotiate a international treaty to prohibit bribery in international business transactions (“A Resource Guide to the FCPA…”, 2012, p.3-4). The FCPA was later amended in 1998 again, and expanded the law to include payments made to secure “any improper advantage”, create a definition for “foreign official” and made penalties

Determine at least two (2) AICPA Professional Conduct principles that are most likely to be violated

The Foreign Corrupt Practices Act (“FCPA”) is the first globally enforcing statute making anti-corruption effort in the world. It has been known for the broad enforcement coverage in terms of the worldwide governing jurisdiction and anti-gaming legislative approach leading to a long time debates and discussions among practitioners and law commentators. This paper will focus on improving one of the undefined and broadly interpreted terms - “instrumentality” in the anti-bribery provisions of FCPA which essentially serves as the catch-all legislative device to prevent gaming, however, on the other hand, leaving problems in terms of ambiguity in interpretation. This paper will first provide an overview of the FCPA. Second, this paper will explain the global enforcement impact for the multi-national businesses. Thirdly, this paper will discuss the importance and problems of the term “instrumentality” applied in the anti-bribery provisions of FCPA. Then, this paper will try to identify the essence of “instrumentality” and its related problems through studying relevant cases. Finally, this paper will offer solutions in order to solve the current problems related to “instrumentality” interpretation and draw the conclusion. For the purpose of narrowing the focus of this paper, the discussion and analysis will be mainly based on the anti-bribery provisions of FCPA regulating the issuers.

Bribery can be defined as when one is offered money or some other incentive with the intention to corrupt a person’s actions.¬ Bribery is the main component, if not the basis, of government corruption.