Many parts of the world lack the transparency and ease of commerce that we
enjoy in the US. In fact, what we would consider corruption is common in most of
the world. Other countries' companies don't worry too much about it. To them
it is a cost of doing business. However, for US companies (including their
foreign-chartered subsidiaries) it can be a severe problem, since the IRS and
Justice Department will enforce ethical standards worldwide against American
companies.
The Foreign Corrupt Practices Act is the main law that Americans must watch
for. This law can put US companies at a disadvantage by holding them to a higher
standard of behavior in foreign countries than the companies doing business
there. This law certainly puts us in the position of presenting a higher moral
standard than the rest of the world. You should consult an attorney or get a
copy of this law from your local law library (see your local law school or
courthouse libraries), since you should understand its requirements before you
embark on international ventures. This law has caused some US companies to walk
away from lucrative contracts due to the harsh domestic penalties associated
with it.
Some countries require you to certify that your company is complying with
their boycott. For example, if you want to ship products to the Middle East, you
may have a big tax problem. Some Arab countries require that you sign on to
their boycott of doing business with Israel. However, the US tax code penalizes
you and disallows the foreign tax credits for participating in this boycott.
Obviously the Arab boycott is illegal in Israel. So how do you solve these
contradictory laws? These are issues for you to research carefully.
One of the largest problems when considering foreign regulatory frameworks is
the issue of differing cultural perceptions. You may intend one thing while they
process that information as meaning something totally different. The best way to
overcome this is to review your business operations plan with officials of the
U.S. Embassy in the country you are doing business with. Also, the international
business department of your local large commercial bank may be able to offer
advice.
There are non-tax concerns for American companies as well. The US
imposes very few export controls. The main area of export restriction comes from
high technology that the Departments of Defense, State, and Commerce feel could
be used by hostile countries in military action against us. For example, some
very sophisticated computer encryption software is classified under the heading
of "munitions" and may not be sold outside of the US. If you are
involved in anything with at least a moderate level of technology, check with
the US Customs office nearest you. Most other exports don't even require any
US government paperwork (although there will be plenty of paperwork for
shippers, insurance, banks, and foreign governments).
The US government regulates imports. It is concerned about agricultural
products that may spread pestilence, unfair competition with domestic
enterprises, and a host of other concerns. Check with the US Customs office
nearest you or on the web to determine if the products you wish to import have
any US government restrictions or import duties.
Don't forget that the other country that your product is going to or coming
from will have its own set of import and export regulations. You should never
assume that their regulations will look similar to ours - few do. In fact, few
countries are as "laid back" as the US on international trade. Try the
U.S. Export Administration (part of the US Commerce Department) for counseling
on how to find out about and address the specific customs and shipping issues in
the countries you are targeting.
Finally, the US (and some foreign countries) have set up Foreign Trade Zones.
These are on-shore areas where you can import components and export them all
free of any customs duties. Check with your state ports authority or the Foreign
Trade Zone office nearest you (they are listed in the government blue pages).