question archive Legal Barriers

Legal Barriers

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Legal Barriers.

 The company or its counsel must research tax laws, customs laws, import restrictions, corporate organization, and agency/liability laws.

Domestic legislation needs to be examined as well for issues arising under labor law, immigration law, customs law, tax law, agency law, and other producer/distributor liability provisions.

Antitrust, employment and economic-espionage laws. The second category includes laws targeted more specifically to international business. One example is the U.S. Foreign Corrupt Practices Act (FCPA), which prohibits bribery of foreign government officials and officials of public international organizations. Under the FCPA, a U.S. company can be held liable for the activities of its consultants, joint venture partners, or a recently acquired subsidiary.

ii) Property rights - patents, trademarks.

iii) Taxation - what taxation schemes will be faced abroad?

iv)  Recourse - possibility and length of action with the possibility of image damaging necessitating arbitration.

v) Movement of equity and expropriation threats - often necessitating protocols or the signing of trade frameworking agreements.

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