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Export/Import Industry

Companies in the export/import industry typically face compliance challenges on several fronts as they navigate regulations imposed by both the country of import and export for each product they ship. High volumes and a broadening global network of suppliers often add to the complexity, making compliance with laws like the Foreign Corrupt Practices Act (FCPA) and U.K. Bribery Act extremely difficult. This is most notably true in high-risk countries where every interaction with a foreign official carries the potential for improper payments, especially in cases where agents or consultants are involved.

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Case Study

Company: Ball Corporation
Charges: Bribing government officials
Penalty:

$300,000


The Ball Corporation is a Colorado-based packaging company that provides metal packaging solutions to companies in the food, beverage and household goods sectors; as well as aerospace and other technological services to commercial and governmental customers.

Ball's packaging revenue is derived primarily from contracts with customers such as SABMiller and bottlers of Pepsi-Cola and Coca-Cola brands in Argentina, Brazil, China, Europe, and North America.

On March 24, 2011, Ball was charged with paying at least 10 bribes through its Argentine subsidiary Formametal, S.A. Bribes totaled at least $106,749, and were paid to employees of the Argentine government from July 2006 through October 2007 in order to secure the importation of prohibited used machinery and the exportation of raw materials at reduced tariffs, according to SEC charges.

Ball paid a $300,000 penalty to settle civil FCPA books and records as well as internal control charges brought by the SEC.

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