ch04 politics and law

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    Politics and Law

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    LearningObjectivesTo understand the importance of the political

    and legal environments in both the homeand host countries to the internationalbusiness executive.

    To learn how governments aect businessthrough legislation and regulations.

    To see how the political actions of countriesexpose rms to international risks.

    To examine the diering laws regulatinginternational trade found in dierent countries.

    To understand how international politicalrelations, agreements, and treaties can aectinternational business.

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    A Look at Three SegmentsThe Home-CountryPerspective

    Host CountryPolitical and LegalEnvironment

    InternationalRelations and Laws

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    The Home Country Perspective Major areas o governmental

    activity that are o concern to

    the international !usinessmanager"

    Embargoes and Sanctions

    Export Controlsegulation of !nternational

    "usiness "ehavior

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    Sanctions and Embargoes

    #overnmental actions thatdistort ree $ows o trade ingoods% services% or ideas or

    adversarial and political% ratherthan economic% purposes&

    'anctions tend to consist o

    speci(c coercive trade measures&Em!argoes are typically !roaderin that they prohi!it tradeentirely&

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    Export Contros

    #re designed to den$ or dela$ theac%uisition of strategicall$ importantgoods b$ adversaries.

    The legal basis for export controls variesin nations.

    &ost international business can becarried out under '( conditions.

    Export licenses are issued b$ the )ept.of Commerce for commodities whoseexport is considered sensitive.

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    Ho! an Export License is "ssued

    Specialists in the )epartment ofCommerce match the exportedcommodit$ with the Critical

    Commodities list, the countr$ ofdestination, and the recipient compan$.

    !f no concerns exist in an$ one of the

    three areas, a license is issued.This process is onl$ carried out if theproduct or the recipient countr$ isconsidered sensitive.

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    A #e! Environment $or Export Contros

    )ocus o e*portcontrols on theThird +orld

    , loosening omutual !ondsamong alliednations

    The increasedoreign availa!ilityo high-techproducts

    The speed ochange and therapid disseminationo inormation and

    innovation aroundthe world

    The issue oeuipment si.e

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    "mpementation and En$orcement o$

    Export Contros

    Export controls are increasingl$ di*cultto implement and enforce.

    The number of countries that are able tomanufacture products of strategicimportance has increased.

    +roducts that are in need of control are

    developed and disseminated ver$ %uickl$.!t is di*cult to control the transfer oftechnolog$ and knowhow.

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    %eguation o$ "nternationa

    &usiness &ehavior

    Regulations on (rms varies

    su!stantially among nations&/ations may employ !oycotts togovern !usiness activities&

    ,ntitrust Laws are a regulatoryactivity&

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    Host CountryPolitical ,ction and Ris1

    2aries widely rom country to country

    Economic Ris1Less dangerous% !ut more common

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    Three Types o$ Poitica %isk

    3wnership Ris1Exposes propert$ and life

    3perating Ris1!nterference with the ongoingoperations of a rm

    Transer Ris1(imitations on the out-ow of funds

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    "nternationa %eations and La!sInternational Politics"The eect of politicson international business is determined b$both the bilateral political relations between

    home and host countries and b$ multilateralagreements governing the relations amonggroups of countries.

    International Law"+la$s an important role

    in the conduct of international business.Treaties and agreements have a strongin-uence on international businessoperations.

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    "nternationa La!

    The +orld Trade 3rgani.ationde(nes internationally accepta!leeconomic practices or its mem!er

    nations&The Patent Cooperation Treaty7PCT8 provides procedures or (ling

    patent applications&The 9nited /ations has developedcodes and guidelines that a0ectinternational !usiness&

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