The Multinational Enterrise Products Liability Jurisdiction (Australia)
Brand X Inc. is a corporation based in the United States. They do business in India through various channels, especially in controversial sectors. Two of these channels are a branch office of Unheedlock and Brand X Defiance Ltd. (a subsidiary registered with the Bombay Stock Exchange). An investigative journalist has on separate occasions found both Brand X and Brand X Defiance Ltd. offering bribes to Mr. Y a Member of Parliament in India to speed up a project that would take longer in the normal course of things. The United States is looking to prosecute Brand X and Brand X Defiance Ltd. under the Foreign Corrupt Practices Act (FCPA), and Mr, Y under the general conspiracy statute for conspiring to violate the FCPA. The 1988 Prevention of Corruption Act in India aims to prevent corrupt practices by prosecuting the public officials who receive bribes. However, there is currently no Indian law that makes private parties liable for offering bribes to such officials. You have been retained as defense council for Brand X, Brand X Defiance Ltd., and Mr, Y. Discuss some of the main issues you would be considering while preparing your case.
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