国际商法第一章(双语)

The Special Compliance Coordinator’s function will be: To coordinate, monitor, assess and report on compliance with US export control laws by ZTE, its subsidiaries, and affiliates worldwide. ------------------------------------------------ The SCC will have UNPRECEDENTED ACCESS across ZTE.
Scenario 3: Suppose you established a branch/subsidiary in an African country. Such country has stricter policies on employee recruitment, payment, welfare, termination of employment than those in China. Are you supposed to abide by them or instead stick with policies back in China (which you are more familiar with)?
INTRODUCTION TO IBL

mechanics of, covered by, IBL;
and
In this course, I will walk you through the
and
rules


I will deal particularly with some important aspects of IBL, such as international trade law, and how to identify and prevent business as well as legal risks.
Foreign Corrupt Practices Act U.S. Antitrust Laws: Antidiscrimination Laws:
Scenario 2: Assume you decide to invest in, or acquire a business located in, a EU country. What kinds of FDI laws of such specific country, or of the EU at large, shall be considered when you do due diligence (business, tax and legal) for such prospective investment?
Misrepresentations and false statements

Matter-of-factly, ZTE instead REWARDED (not Disciplining) those employees with bonuses.
QUESTIONSБайду номын сангаас
The facts under the above scenario invite a wide array of questions, which are only natural to be asked: ------------------------------------------------ Why on earth should a Foreign nation have powers to impose restrictions on whom I shall do business with? Should I subject myself to such restrictions? Or, simply, avoid such trade control?

Notes: In addition to the

regulations are there: Sarbanes-Oxley Act:.

International Traffic in Arms Regulations (ITAR) mentioned above, more of such


This EU Framework for Screening of Foreign Direct Investment is said to be majorly targeted at Chinese enterprises who EU legislators allege will “threaten” EU member states’ security by their acquisition of EU key businesses (such as key infrastructure, space, transport sectors).
Scenario 4: Suppose your employees offered some “grease payment” to a government official at FDI review authority in a foreign country in order to obtain a project. Is the excuse that “if I don’t , my competitors will” justified/reasonable?
Also, we offer insights and suggestions from a businessperson perspective. ---------------------------------------We adopt a risk-oriented approach, in hopes of helping you to identify and mitigate legal risks.

(4) companies listed on stock exchanges in the US or (5) companies required to file periodic reports with the SEC (issuers), and (6) certain foreign persons and businesses acting while in the territory of the US (territorial jurisdiction).

Scenario 6: Suppose you are to list on a foreign stock exchange based on a variety of considerations. What are those risks associated with listing abroad? Is it likely that you will be sued for any misbehavior of your officials or employees taking place in China? If yes, on what ground?

Scenario 4 (continued): Is there any real likelihood that you may be under an investigation for bribery initiated by a USA law enforcement agency simply because you got the deal while your USA competitor not (who refused to do as you did)?
International Traffic in Arms Regulations (ITAR).

What considerations, commercially or legally, should be factored into your decision on whether to trade with companies in country A?
For Starters:
Let me first give you a couple of examples about the legal risks and business risks you may encounter in doing business crossborders:


QUESTIONS, CONTINUED
What shall I do, and how shall I behave, as a company, so as to comply with those regulations in order to do business more successfully without any such ramifications? ------------------------------------------------ NOW, these are the legal risks and business risks we will primarily deal with throughout this course.

BACKGROUND:

ZTE’s admitted that it made FALSE STATEMENTS (教训：Never Lie!
HAVE consequences.) to the U.S. Government during the probationary period, by FALSELY saying that, it would or had disciplined some employees responsible for the violations.
Scenario 1:
You decide to do business or invest in Country A that is on the list of trade embargo imposed by Country B, a country that exerts strict control over export & import, especially of technologies subject to the regulation of, like,
The FCPA will have jurisdiction over: (1) US persons and companies (domestic concerns), (2) companies organized under US laws, (3) companies that have their principal place of business in the US,


Scenario 6, continued:

Questions:
Do parents of those children abused by RYB employees have a standing to bring a lawsuit in the USA, where the court is very much likely to permit MUCH larger damages payment? Why are USA shareholders allowed to sue a China-based company?