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by steffan 2144 days ago
One thing to note to, is that any American citizen would be unable to set up manufacturing this way because it is explicitly illegal for U.S. citizens to pay bribes to foreign governments. [Foreign Corrupt Practices Act - FCPA]

https://www.investopedia.com/terms/f/foreign-corrupt-practic...

(Although given this account from presumably an Indian citizen, I can't imagine in any way recommending a non-local attempting this)

2 comments

Paying bribes is illegal; but facilitation payments are legal.

If you have an official who is refusing to perform their job, or taking inordinately long about doing it, then it's legal to pay them to do it. As long as you're not influencing their actual decision making process, i.e. causing them to overlook actual legal deficiencies in your paperwork, then it is legal.

It's called the facilitation payment exception to FCPA. Obviously one intending to make such a payment would be well advised to discuss with their lawyer to make sure it is indeed within the scope of the exception.

>Obviously one intending to make such a payment would be well advised to discuss with their lawyer to make sure it is indeed within the scope of the exception.

Come on. It's obvious that the "lawyer" (or agent as mentioned in the article) is paying the fees and you aren't even aware of the process unless go to the department directly and notice the lack of willingness to process your permit.

eh... you make it sound as if it's not explicitly illegal for Indian citizens to bribe other Indians.