Hypothetically, say I am working in a small country in Africa, where it is illegal to buy or sell a product in anything other than the local currency.
While I am there, the gas stations have run dry, and I need the gas for my business.
Some stations are selling the gasoline backdoor, but they are only accepting U.S. currency.

Would me buying that gas be breaking any U.S. law? like the foreign corrupt practices act? because its not really a bribe, per say, is it? or is it an exception?
I had to write something stating what i would do, and i put that I would just buy the gas, gotta do what you gotta do, and that i ARGUED that it should be okay...but im starting to feel that maybe i didnt think it through? I mean I dont really think it is a bribe, or is it? Im not trying to sway anyone in any particular direction buy giving my money for the gas..

8/27/2008 2:24:21 PM

So, it's illegal. you're using an abnormal amount (and kind) of money to buy something other people don't have access to...

in terms of the definition of 'bribe' I think it could go either way actually. But i don't think it really matters.

8/27/2008 2:28:27 PM

It's not a bribe, which traditionally is a term that only applies to government officials. Even when you slip the maitre'd a 20 to get you a nicer seat, it's basically a tip, not a bribe.


As to the FCPA:

Quote :

"In general, the FCPA prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business."

You're not paying an official, and what payments you are making are not to get special permits or rights for your business.

Besides, historically we don't give much of a shit about where our currency is legal. We basically make sure that a certain amount of it gets into Cuba every year.

8/27/2008 2:34:00 PM

nothing wrong with spreading our freedomdolarbucks.

8/27/2008 6:29:51 PM

Assuming that the gas stations aren't government owned and operated, I don't see it as being a bribe. However, you probably want to make sure you're not running afoul any domestic law in your host country. It may not violate FCPA, but in your situation, I would be more concerned about the local government. You probably need some legal counsel from someone who's familiar with that nation's business laws.

8/28/2008 2:42:41 PM