Sebastian and Amy are arguing over secondary legislations that were in place prior to
the passing of the Foreign Corrupt Practices Act (FCPA). Amy is of the opinion that the
FCPA encompasses all secondary measures that were in use to prohibit corrupt
practices. Sebastian disagrees with Amy on this point. Which of the following, ifTRUE,
would strengthen Amy’s argument?
A. The FCPA requires only partial disclosure of funds that were taken out of or brought
into the United States.
B. The FCPA does not specify that using wire communications to transact fraudulent
schemes is illegal.
C. The FCPA requires corporations to fully disclose all transactions conducted with
foreign officials in line with the SEC provisions.
D. The FCPA does not fine companies for failing to disclose payments made to foreign
officials under its securities rules.
Answer:
Why was the “comply or explain” approach to corporate governance problematic?
A. It was too strict and fined corporations that did not conform to its standards heavily.
B. It did not permit corporations to express why they chose not to comply with certain
rules.
C. Its definition of what constitutes an acceptable explanation for not complying was
vague.