Evaluate two of the scenarios listed below and explain the

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Evaluate two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario 1—International Trade

The Director of Purchasing for parts distribution company wants to purchase steel coach screws from Germany; however, he is not sure what the best option is. The director comes to you and asks your opinion. You know that Germany, Canada, and Korea are the best sources for obtaining this product. While your research shows coach screws from Germany are of the highest quality, the United States imposes a tariff of 12.5%, which makes this option noncompetitive.

  • Which US trade laws should you consider when selecting a country?
  •  Is there any way by which you can seek a reduction on the tariff? If so, how? If not, why?
  •  Select an alternative country (Canada or Korea) for purchasing the coach screws and explain your reasons for selecting the country.

Scenario 2 – Bribery

Slyce Pizza Company purchased four commercial refrigerators for the restaurants and eight pizza ovens from a supplier in Italy. Between the shipping costs, delays, and unanticipated duties, the purchasing manager was worried that his boss would be upset about the total costs. In an effort to reduce costs, the manager offered a US Customs officer $500 in cash to re-classify the imported goods to reduce the amount of duties owed.

  • Analyze the legal and ethical ramifications of the purchasing manager's offer to the customs official?
  • Would it make a difference if the purchasing manager offered to donate $500 to St. Jude Children's Research Hospital if the officer expedited the paperwork necessary to release the goods from custom's custody?

Scenario 3—Environment

Recycling Genie is a new company that contracts with Best Buy and other electronics retailers for the collection old computers, monitors, televisions, and cell phones dropped off at their facilities. The electronics contain lead, mercury, and polyvinyl chlorides that are known to have toxicological effects such as cancer, kidney disease, and brain damage. Recycling Genie has been in negotiations to ship the e-waste to companies in China, Vietnam, and Mongolia.

  •  What are the legal and ethical concerns with shipping e-waste to these countries?

Scenario 4—Property

Ginger and Allen lived together in New Mexico since 2011, but they were not married until July 2013. Allen purchased the home in 2008, prior to meeting Ginger. He did not add Ginger to the title after they were married; however, she contributed to the mortgage payments from 2011 until she started her business in 2013. In September 2013, Ginger inherited $55,000 from her father that she used to start a corporation, Fantastic Faces, a beauty consulting business

Ginger worked full time for Fantastic Faces, while Allen continued with his job teaching at the university. Allen made no contributions to Fantastic Faces. Due to limited financial resources, Ginger did not earn any salary until 2015.

In May 2013, Allen inherited 20 acres of farmland in Alabama from his grandfather. The land was leased to a local farmer. Allen visited the farm after the funeral in 2013 but did not return to Alabama. The rental income of $5,000 per year was deposited into the couple's joint account. Allen filed for divorce in New Mexico on November 10, 2015.

  •  Explain the how the court will determine the ownership of the house, farmland, and business based on New Mexico law.
  •  Determine how the court would decide if the couple resided in your state instead of New Mexico.

 responding to your classmate response

 need to see you cite and reference your work fully as well as to have it in the proper APA format 

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Week 5 Discussion

Rosalind Taylor posted Dec 29, 2023 9:04 PM

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Scenario 1—International Trade

Trade laws in the US that need to be thought about when choosing a nation for international trade are deals with foreign countries, policies on trade, and barriers. These rules control how goods, services, and money move between countries. We need to think about important rules like the General Agreement on Tariffs and Trade (GATT), the North American Free Trade Agreement (NAFTA), and the World Trade Organization. To get a lower price on the tax, the company can ask for help from a program that takes back duties. This plan lets you get your money back for the cost paid on goods brought in from other countries that are then sent out. The company can also ask for tax-free or put off paying taxes if they fit the needs of certain trade groups like the General System of Preferences (GSP) and the Caribbean Basin Initiative (CBI). However, if these choices do not work out, then the company can talk with the US government for a cut or removal of taxes by using trade deals or single talks.

Since Germany is charging a lot for coach screws, it might be better to buy them from Canada. Canada is part of NAFTA, a deal that gets rid of most taxes on products brought in from the United States, Canada, and Mexico. That makes Canada a good choice because there will not be any tax on the coach screws bought from outside. Also, Canada is well-known for its good steel items. This makes it a trustworthy place to get the parts shop needs from them. Not only is Canada a part of NAFTA, but it also has a strong trade connection with the United States. The US Trade Representative's office says that in 2019, the United States and Canada traded $714.1 billion worth of items. So now, Canada is America's top goods trading friend from other countries. This good trade connection makes sure that the company has a strong and smooth supply chain. This helps to keep production from getting slowed down or stopped completely (Akcigit & Melitz, 2022).

One ethical issue that may arise in this scenario is the possibility of unfair treatment towards German manufacturers. By imposing a high tariff on coach screws from Germany, the United States is essentially favoring domestic production or imports from other countries that are not subject to the tariff (Akcigit & Melitz, 2022). This can look like unfair treatment of German manufacturers, which may harm their business and risk workers' jobs. To handle this moral problem, the company can decide to take part in fair and smart trading. This means obeying all rules and laws while being equal with everyone who supplies things. In this situation, the best thing for a company that sells parts to do would be to buy coach screws from Canada because it is the most cost-effective choice while also keeping strong trade ties with America. This solution is morally good because it follows fair business rules and stops any possible damage to German producers. The company should also look for other ways to save money. This can include talking with the Canadian supplier about getting discounts or trying out different companies in Canada that might cost less.

When picking a country for global business, make sure to look at the important trade rules and laws. This will help you follow them rightly and dodge any possible legal troubles or problems. Here, putting a high price on coach screws from Germany was hard. However, using trade deals and talking about reduced taxes gave choices that are better and fairer in Canada.     

Scenario 2 – Bribery

The plan by the head buyer at Slyce Pizza Company to pay off an American Customs worker so he can bring in stuff cheaper involves big legal and moral issues. Bribery means giving or handing something valuable to someone with power in order to change their choices and actions (Chen & Cheng, 2019). In this situation, the buying leader's offer of $500 to the customs staff is a clear example of giving bribes. The buying boss's actions have big legal problems. In the U.S., under the Foreign Corrupt Practices Act, it is forbidden to give money or promise things of worth to foreign government workers and officials in exchange for their help with business matters. This also goes for officials inside the U.S., like in this case, where a customs officer is part of the US government staff. If they are proven wrong, the person in charge of buying and selling Pizza Company might have to pay lots of money or even face jail time.

The rules for business people say that bribery is not allowed. The manager of Slyce Pizza Company should be fair and honest when dealing with business matters. Handing out a bribe goes against these rules and can damage the company's reputation and trust. Furthermore, the work of customs officials involves obeying rules and doing what is best for their government. If the customs officer takes a bribe, he or she will be breaking the rules of FCPA and also not doing what is right as someone who works for everyone. This wrong action makes government practices unfair and keeps them secret. This can really change how much people trust their leaders in government.

In this situation, Slyce Pizza Company might also need help if the customs officer told higher people about their bribe try. The company might see more problems in getting their things out, and also customs people will check them harder next time. If you want to give money to a charity for faster release of goods, the legal and good things still stay the same. The person in charge of buying things may think it is okay to offer money for a good reason, but this is still bribery and not allowed.

In this case, the best thing for the person in charge of buying would be to follow all rules about bringing stuff into a country and pay what is needed. If there are any worries about extra costs or time, the person in charge of buying should let their boss know. They need to work together to find a way that's allowed by law and morally correct. The person who buys things needs to learn about the FCPA and what is right or wrong in business. This will stop them from making bad choices later on. Also, Slyce Pizza Company should bring in rules and steps that stop actions like bribery and dishonest practices from happening inside the company. According to Chen & Cheng (2019), this includes checking up carefully on any third-party suppliers or agents involved in the company's international business deals to make sure they are not engaging in bribery, cheating, or doing other illegal things.

The buying boss's plan to give a bribe to an American Customs worker for Slyce Pizza Company can cost them in law and morals. Bribery is not just against the law but also goes against honesty and integrity in business. In this case, the buying boss should follow all legal steps for bringing in goods. The company needs to put internal rules in place so they do not allow cheating or bad behavior again later on.  

References

Akcigit, U., & Melitz, M. (2022). International trade and innovation. In  Handbook of International Economics (Vol. 5, pp. 377-404). Elsevier.

Chen, C., & Cheng, S. (2019). The effects of corruption and regulation on business entrepreneurship: Evidence from American states.  Public Performance & Management Review,  42(6), 1481-1506.

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Real Propertyy.html

Real Property

Real property consists of land and any structures that cannot be moved, as well as things growing on the land. Businesses likely own some real property; therefore, it is important for managers to have a basic understanding of the types of ownership, ability to transfer ownership, and some of the regulations concerning use of property. Examples of real property include buildings, trees, and minerals. The types of ownership include individual, tenancy in common, joint tenancy, tenancy by the entirety, and community property. Ownership in real property can be transferred by deed, gift, sale, inheritance, adverse possession, and eminent domain. Ownership is normally transferred by a deed, which is recorded in a designated public office, which provides notice of ownership to others.

Rights in property are constrained by federal, state, and local laws such as nuisance, zoning, tax, and environmental. The Fifth Amendment gives the government the right to take private land for “public use” with just compensation to owner, also known as eminent domain. The land must be taken for public use such as a new highway or public park.

There are different types of ownership as well as different ways to transfer property.  Let’s look at the types of ownership and mechanisms to transfer real property.

Additional Materials

View the PDF transcript for Real Property Ownership

media/week5/SUO_MBA5005_W5 L2 Real Property.pdf

Real Property Ownership

© 2017 South University

Real Property Ownership Real Property

Page 2 of 3 Law and Ethics for Managers ©2017 South University

Types of Ownership Individual Ownership by one person is the least complicated type of ownership. The individual owner may freely sell his or her interest in the land. Tenancy in Common A tenancy in common is an undivided interest in the same property by two or more people. All owners have the right to possession; however, each owner has the right to exclude a third party. Each owner can transfer his or her ownership without permission of the other owners. A partition of the property means that each owner obtains complete ownership of a specific portion of the property. Example Allen and Bob own an undivided interest in Blackacre. Upon Bob’s death, his will passes interest to his heir, Charles. Now Allen and Charles own the property.

Joint Tenancy In a joint tenancy, property is owned in equal shares by two or more people with right of survivorship. When one owner dies, the remaining owners take the share of the deceased owner. If one joint tenant attempts to convey his interest in the property to another party, the joint tenancy is destroyed and ownership reverts to tenancy in common. Example Allen and Bob own an undivided interest in Blackacre. Upon Bob’s death, Bob’s interest passes to Allen, the surviving joint tenant.

Tenancy by the Entirety Tenancy by the entirety is a form of ownership by a husband and wife. When one spouse dies, the property is owned by the surviving spouse. Unlike a joint tenancy, the spouses cannot convey their individual ownership in the property to a third party. Divorce terminates the tenancy and converts to Tenancy in Common. Community Property Property acquired by either spouse during the marriage is community property, which means each spouse owns an undivided 50% interest in the property. Property owned by one spouse prior to marriage is usually considered separate property; however, if separate property can be converted to community property if the parties treat the property as a gift or the property is improved or developed by both spouses. Example Allen purchased a house in 2005. Allen and Sheri married in 2009 and both parties lived in Allen’s house. The house was separate property at the time of the marriage and may retain that status;

Page 3 of 3 Law and Ethics for Managers ©2017 South University

however, if Sheri contributes to the improvement of the property, it may be converted to community property.

Transfer of Ownership Ownership in real property can be transferred by deed, gift, sale, inheritance, adverse possession and eminent domain. Ownership is normally transferred by a deed, which is recorded in the specially designated public office and provides notice of ownership to others. Warranty Deed A warranty deed transfers the real property from one person (grantor) to another person (grantee). A warranty deed provides the highest amount of protection for the person acquiring the property. There are two types of warranty deeds: general and special.

 A general warranty deed conveys the grantor's interest in and title to the property to the grantee and guarantees that if the title is defective or is subject to a mortgage claim, tax lien or mechanic's lien, the grantee may hold the grantor liable.

 A special warranty deed conveys the grantor's title to the grantee and promises to protect the grantee against claims asserted by the grantor and any persons whose right to assert a claim against the title arose during the period in which the grantor held title to the property. In a special warranty deed, the grantor guarantees to the grantee that the grantor has done nothing during the time he held title to the property that might in the future impair the grantee's title.

Quitclaim Deed The quitclaim deed does not contain any warranties and the grantor can only convey whatever rights held at the time of execution. A quitclaim deed releases the grantor of liability related to the ownership of property. Quitclaim deeds are used for the quick transfer of property such as in divorce settlements or adding a spouse to the title after a marriage.

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International Law.html

International Law

International law governs the affairs between countries and regulates transactions between businesses of different nations.  International law is different from the U.S. laws we have studied up to this point.  First, there is no single legislative source of international law, whereas the U.S. has state and federal laws to govern business relationships.  Second, there is no single world court that interprets international law, whereas the U.S. has a series of state and federal courts to interpret laws and issue rulings.  Third, unlike the U.S. executive branch of government, there is not world executive branch that can enforce international law.  As improvements in technology and transportation  provide more opportunities for global transactions, the issue of international law will become even more important for businesses.

Managers in today's global economy engage in different types of international business transactions, including the sale and leasing of goods and services, transfer and licensing of technology, and international lending.  Although these transactions provide opportunities that may not be found in many domestic transactions, they also create a vast array of issues and risks.  Overlapping laws and regimes, require companies engaging in cross-border transactions to rely heavily on contractual arrangements to address issues.  In particular, contracts between companies located in different countries address the choice of law, jurisdiction, and dispute resolution mechanisms.  Therefore, it is important that managers are well aware of the principles on which international business transactions are framed.  If a business violates U.S. import and export laws, the penalties often include significant fines, damaged reputation and revocation of exporting privileges.

Because the exchange of goods, services, and ideas on a global level is now a common practice, managers should be familiar with how the government regulates various business activities. Let's discuss the methods of regulating the export and import of goods and services in the United States.

Additional Materials

View the PDF transcript for Import Export Regulations

media/week5/SUO_MBA5005 W5 L3 International Law.pdf

Import Export Regulations International Law 1

Import Export Regulations © 2017 South University

Page 2 of 3 Law & Ethics for Managers

©2017 South University

Import Export Regulations International Law 2

Methods of Regulating the Export and Import of Goods and Services in the United States

Bureau of Industry and Security (BIS):

As part of the Department of Commerce, the Bureau of Industry and Security (BIS) oversees the regulation of exports and issues of national security and technology. In addition to assessing and issuing licenses for the export of goods and technology, the BIS also strives to protect the national security and stop proliferation of weapons of mass destruction. Activities include enforcing the Export Administration Regulations (EAR), Title 15 of the Code of Federal Regulations, anti‐boycott and public safety laws, as well as providing assistance with the Export Control Classification Number (ECCN), determining commodity jurisdiction, and issuing licenses for certain goods. Exports are controlled by two sets of regulations. The Bureau of Industry and Security enforces the EAR while the Directorate of Defense Trade Control enforces Title 22, the International Traffic in Arms Regulations (ITAR), which contains regulations for the export of defense articles.

Customs Regulations (19 CFR):

A compilation of regulations issued by authority of US laws, and adopted by departments and agencies of the US government. Title 19 of the CFR contains the regulations that govern import transactions and are enforced by Customs and Border Protection.

Export Administration Regulations (EAR):

Compilation of regulations that apply to shipments of nonmilitary goods shipped from the United States.

Foreign Corrupt Practices Act (FCPA):

US law that prohibits the offer, payment, or gift to foreign officials or third parties to influence trading decisions. The FCPA does not prohibit payments made to facilitate a routine government action, one that a foreign official must perform as part of the job such as processing visas or other official documents.

Harmonized Tariff System (HTS):

The Harmonized Tariff System (HTS) is an international system for classifying goods to determine tariffs on imported goods. At the international level, the HTS contains 22 Sections with 97 chapters. The US version has two additional chapters. The sections generally cover a specific industry such a s food, chemicals, or machinery. Although the U.S. uses 10 digits for import transactions, the HTS is identical internationally to the first six digits. Along with the country of origin, the HTS number determines the duty rate for imported merchandise. The addition of the suffixes by the U.S. allows specific data to be transmitted to Census for analysis.

International Traffic in Arms Regulations:

The ITAR is administered by the Department of State to control the export of artic

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©2017 South University

Import Export Regulations International Law 3

les, services, and technical data that are designed, developed, or modified for military use. The ITAR is covered by 22 CFR §§ 120‐130.

Trade Act of 1974:

Act to promote open, nondiscriminatory, and fair world trade and to stimulate the fair and free competition between the United States and foreign countries.

U.S. Customs and Border Protection (CBP):

In addition to its original mission to collect duties on imported merchandise, U.S. C ustoms and Border Protection (CBP) is charged with the responsibility for protecting US borders from the entry of terrorists and terrorist weapons, while also facilitating the movement of trade and travel. CBP also enforces the import regulations as well as import‐related regulations for other government agencies such as the U.S. Food and Drug Administration, Environmental Protection Agency, Federal Communications Commission, Department of Agriculture, and other agencies.

World Trade Organization:

The World Trade Organization (WTO) seeks to monitor world trade and place it on a secure basis, thereby contributing to economic growth and development, and the welfare of the world’s people. The WTO is an international organization with membership from over 100 countries, created to help trade flow smoothly, freely, fairly, and predictably. WTO principles include:

 Trade without discrimination

 Protection through tariffs

 Stable basis for trade

 Promoting fair competition

 Quantitative restrictions on importers  Settling trade disputes

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Environmental Law.html

Foreign Corrupt Practices Act

Administered by the Department of Justice, the Foreign Corrupt Practices Act (FCPA) makes it unlawful for any U.S. citizen or business to offer, pay, transfer, promise to pay money or anything of value to any foreign appointed or elected government official, foreign political party or candidate for foreign political office for a corrupt purpose. The FCPA does not prohibit payments made to facilitate a routine government action, one that a foreign official must perform as part of the job such as processing visas or other official documents. A corrupt payment is one made to influence an official’s discretionary decision. In general, the FCPA prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. Individuals and business entities can be criminally liable and punished by both fines and imprisonment. Civil penalties may also be assessed against firms and offices, directors, employees and agents.

As a result of the Enron scandal and the introduction of the Sarbanes-Oxley Act of 2002, there has been an increased enforcement of the Foreign Corrupt Practices Act (FCPA). The FCPA prohibits improper payments to influence foreign officials who have the power to affect a company's business. Officials at the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have been aggressively pursuing more and more cases and obtaining results that include criminal fines, prison terms for individuals, and the return of monies obtained through illegal means. Because of the increased scrutiny by both the government and the press, many companies have placed more efforts on anti-corruption efforts.

Even though the Foreign Corrupt Practices Act was passed over 30 years ago, well-known companies such as Siemens, Pfizer, Avon and Tyson Foods appeared in the news for violation of the FCPA. Let’s review some of the basics of the FCPA.

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