Suchergebnisse

The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of the some 200 other bureaus, offices, commissions, etc. of the executive branch of the Philippine government have exotic names, an American lawyer recognizes in their number a proliferation of agencies similar to that which has occurred in the United States in response to demands for increased governmental regulation and services.

Corruption has impacted the world, from consumers losing confidence in the economy, to companies losing out on major deals due to high corruption cost. Today bribery is hitting headlines weekly, becoming more prevalent in today's society. Through research and data, this paper analyzes the effectiveness of the Foreign Corrupt Practice Act and the UK Bribery Act of 2010 for the elimination of bribery. The goal of this paper is to show how companies and the government are not actively preventing bribery.

It is only partly true that the lack of materials on Japanese taxation which are available to the foreign lawyer in English is the result of difficulties of language or a lack of familiarity with the legal and tax systems. Rather more it seems to reflect the Japanese bar's own lack of interest in the subject, a large part of which is occasioned by the lack of tax litigation. The tax field has been long and well occupied by the government tax economist on the one hand and the ordinary accountant on the other; the lawyer's role has been peripheral. It is not the purpose of this brief treatment to do more than cover those aspects which are of general interest to most foreigners and foreign firms as a result of the extensive 1962 amendments; and to do so in a very tentative fashion, since only a year has elapsed since passage. So much remains to be understood that even a brief outline of the law and the regulations can be rather misleading in terms of practice. Japanese administrative procedures are unique and it is well at the outset for foreign lawyers to bear in mind that in Japanese tax practice the administrative appeal and litigation in court is not the reasonable alternative in planning or in settling disagreements that it is in the United States. Thus the study of tax law is not a prelude to possible litigation but rather a means of understanding and measuring official attitudes and performance.