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Trade Tidbits: FCPA
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WTC Becomes Access Point
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Trade Tidbits  
 
Understanding FCPA  "Exceptions"
 
Courtesy of 

Reagan R. Demas

Baker & McKenzie LLP

 

The FCPA provides an exception for so-called "facilitating" payments to low-level foreign officials who perform "routine governmental actions. "The purpose of this exception is to avoid FCPA liability for gratuities given to government officials for performing essentially clerical activities not involving discretion. 
 
While this exception as written would seem to authorize a U.S. company to pay cash to a foreign official to accomplish one of the above "routine" processes, in reality U.S. regulators have interpreted the exception quite narrowly. Specifically, regulators have made clear that facilitating payments under the FCPA must be 1) small in size; 2) one-off payments, so not regularly made; 3) made only in circumstances where the official does not have discretion to perform or not perform the act; and 4) not designed to give the paying party a business advantage over other parties that may not be making the payment.
More details are available on the Baker McKenzie Website

 

 

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Mark Your Calendar!

 

3/20/2012

Food Exporting Seminar: Tapping into the Central American Market

8:30 am - 12:30 pm

International House,

Harrisburg, PA

 

 4/3/2012

Annual Trade Conference

and PA Trade Rep Visit

all day event

Harrisburg, PA

 

4/27/2012

Company Tour:

Henry Molded Products

9:30 am - 11:00 am

Lebanon, PA 

 

5/17/2012

Social Media Roundtable

2:00 pm - 4:00 pm

HIA, Middletown, PA 

 

6/17-19/2012

Fancy Food Show

Pennsylvania Booth

Washington, DC

 

For more details, visit our website

 

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 March Newsletter
April 3 Annual International Trade
Conference Focus is China

Join us for our annual trade conference at the Sheraton Harrisburg-Hershey on April 3.  As we celebrate the "Year of the Dragon"  our conference theme this year is Navigating the Chinese Market.

Morning breakout session topics include: 
  • Effective Payment Mechanisms
  • Chinese Culture & Useful Expressions
  • Effective Negotiation Tactics
  • Identifying and Qualifying Chinese Business Partners
  •  

    Our luncheon program features two local manufacturers with extensive experience in China, sharing their successes and challenges:   F. Rusty Elsner, President and CEO of Elsner Engineering Works and Pamela Demarest, Vice President of Supply Chain at Fleetwood Fixtures.  Elsner Engineering Works, based in Hanover, PA, is a designer and manufacturer of converting and packaging machinery, and just sold their 80th machine to China.  Fleetwood Fixtures is a Leesport, PA based manufacturer and provider of custom store fixtures and furnishings for the retail industry.  They opened a sourcing and project management office in China in 2007, and in 2010 began supplying fixtures into the Chinese market. To date, Fleetwood Fixtures has helped Gap stores open 14 stores in China.

     

    The conference also includes an exhibition area of trade service providers, offering a great opportunity to network and learn about available resources.  Exhibitor opportunities are still available. 

     

    We would like to thank our corporate sponsors for their generous support of this event:  UPS, this year's global leader sponsor; Fulton Bank, our ambassador level sponsor; and our diplomat sponsors: Bentley World Packaging, MANTEC and PA's Center for Trade Development.

     

    Check out our website for more details and registration information.

    WTC To Host 9 PA Trade Representatives

     trade rep mtg

    In conjunction with our International Trade Conference, we are also hosting 9 of the State's overseas trade representatives for a day of one-on-one appointments.  Take advantage of this unique opportunity to learn more about Pennsylvania's free trade assistance program and discuss opportunities for selling your products or services abroad.  Trade representatives from the following countries will be participating: 

    • Brazil
    • Chile
    • China
    • Germany
    • India
    • Korea
    • Mexico
    • Singapore
    • United Arab Emirates

    This event is funded in part by a grant from the US Small Business Administration and is supported by the Commonwealth's Center for Trade Development. 

     

        Download the events flyer for more details and to register for meetings.

    Member in the News
    First Family Volunteers and Uses RoomMates Wall Decor 
    The President and his family volunteered at the Browne Education Campus in Washington, DC,  in honor of Martin Luther King, Jr. Day. They spent their time building bookshelves, painting inspiring phrases on the walls and applying one of the giant wall decals manufactured by York Wallcovering's RoomMates division. 
    Check out pictures on the RoomMates blog!
    StateOIBD logo Offers New Export Hotline 
    Anyone with export compliance or logistical questions or questions regarding international standards, such as CE Mark, CCC, WEEE, RoHS, REACH etc. can now access a free export expert hotline.  The State's international office has contracted with Team Worldwide and TUV Rheinland to make this service available to PA companies.   Initial inquiries should be submitted through the World Trade Center, for record keeping purposes.  Please contact us for more details.
    WTC Becomes Community Access Point
    We are proud to announce that the WTC will be the newest host of a Y-FI access point.  Y-FI is a York, PA community-based wireless internet mesh network venture that focuses on the delivery of secure, free Wi-Fi services to downtown visitors, commercial and residential property owners.  The Y-FI mission is to help everyone gain access to technology and the internet by partnering with businesses, community organizations and local residents. Hosting a Y-Fi access point helps to strengthen the network, increase its reach, and provide access to others.   For more information: www.myyfi.com

    Partner Events 

    3rd Annual Turkish Day and

    Turkish-American Business Convention

    May 9 - 10, 2012

    State Capitol and Keystone Building

     

    Mark your calendars for the 3rd annual Turkish Day celebration on May 9.  This event promotes an understanding of American and Turkish cultures and fosters integrity through cultural and educational activities. 

    For any company interested in connecting with a diverse group of visiting Turkish businesses, join us on May 10th in the lobby of the Keystone Building for day of business meetings, educational briefings and networking opportunities.  More details will be available soon.

     

    In order to make these events possible, the Turkish Cultural Center of Pennsylvania has partnered with the PA Senate International Commerce Caucus, the Office of International Business Development, the Pennsylvania Chamber of Business and Industry, TABID (Turkish American Business Improvement & Development Council), TUSKON (Confederation of Businessmen and Industrialists of Turkey), and the World Trade Center of Central PA 

     

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    Upcoming State Trade Events and MissionsOIBD logo

     

    May 12 - 16, 2012

    Trade Mission to Saudi Arabia, Riyadh and Jeddah

      

    May 15 - 18, 2012

    World IT Show, Seoul, Korea

     

    May 28 - June 1, 2012

    Trade Mission to Poland and Czech Republic

     

    June 12-14, 2012

    Global Petroleum Show, Calgary, Canada 

     

    June 27-30, 2012

    Food Taipei 2012, Taipei, Taiwan

     

    September 17 - 20, 2012

    Rio Oil and Gas, Rio de Janeiro, Brazil

     

    For more information, please visit our website

    The World Trade Center of Central Pennsylvania is a licensed member of the World Trade Centers Association and one of more than 320 World Trade Centers located in 96 countries, connecting local companies with global opportunities.   We promote global trade, deliver relevant educational programs, up-to-date trade information, practical trade assistance, and research & referral services for our members and clients to help them compete and prosper in a global economy.