30 Oct Unit 3_MT220_Discussion response
13751Respond or elaborate on the response below:
The payments made by Diana Adagio to Peruvian officials are prohibited under the Foreign Corrupt Practices Act (FCPA). The FCPA makes it unlawful for U.S. firms and their representatives to make payments to foreign government officials for the purpose of obtaining or retaining business (Hill, 2025). While the statute allows for “facilitating payments” intended to expedite routine governmental actions of a non-discretionary nature, sizeable payments of the kind described raise serious concerns. Large sums given to officials to ensure shipment completion are unlikely to qualify as permissible facilitation payments. In this case, the payments appear to have influenced the officials’ decision-making rather than merely speeding up an existing and guaranteed process, which under the FCPA could be interpreted as bribery.
As the business owner, I would be concerned about these payments for several reasons. First, the legal risk is substantial; violations of the FCPA can result in severe penalties including significant fines and potential imprisonment for individuals involved (Persons, 2023). Second, there are reputational implications: being associated with bribery damages the company’s public image and can erode trust with stakeholders. Additionally, it is ethically wrong. While Diana stated such payments are “acceptable” in Peru, ethical standards in international business require compliance with both local customs and global legal frameworks (Hill, 2025). The argument of local acceptability does not override the obligations of a U.S.-based company to adhere to U.S. law and uphold integrity in its operations.
Given Diana’s admission, the next steps must be decisive and thorough. First, I would initiate a formal internal investigation to document all details of the transactions and the officials involved. Concurrently, I would engage legal counsel specializing in FCPA compliance to assess potential liability and recommend appropriate corrective actions. This may include voluntary disclosure to the U.S. Department of Justice or Securities and Exchange Commission if violations are confirmed, which can mitigate penalties. In the longer term, I would mandate comprehensive ethics and compliance training for all executives and employees involved in international operations, with particular attention to anti-bribery laws. Moreover, I would establish stronger internal controls and approval processes for expenditures in foreign markets to prevent unauthorized payments. These measures would protect the company legally, reinforce our ethical standards, and signal our commitment to operating with integrity in global commerce.
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