Good bye Intel

Good bye Intel! 8 years and 8 months! My first ever job!
My products over the years...

Chipset 2000-2001

Bulverde and Hermon FSCSP 2001-2006






Merom Napa, Sta. Rosa and Sta. Ynez Platforms 2007-2008

Harnessing the power of the sun

Perfecting the process of manufacturing the solar panels used for harnessing the power of the sun for our electricity needs will be my next work. It will be challenging and exciting at the same time. I will be working for a start-up company manufacturing solar panels with leading edge innovations. Good luck to me! :)

Pinoy Yuppie Husband Travels to Zhu Jia Jiao

We had our first weekend in Shanghai. Original plan to go to the most beautiful lake in China was sinked by gloomy weather forecasts. I met up with the other Pinoy Yuppie Friends. Not-So-Yuppie-Anymore was there with his D80 and new tripod with trigger-type camera mount. Before going to Zhu Jia Jiao, we had two stops. First was to the camera shop as our Soon-To-Be-Yuppie friend bought his Nikon D40 with 18-105mm VR Nikor lens plus a few other accessories. He hit a bargain considering he bought the lens for only RMB 1800 (PhP12,200)! Second stop was in the Shanghai Outlet store for our Oh-So-Yuppie friend's shopping needs. She bought a Nike jacket and bag that according to her was either hard to find (tagal ko na hinahanap ito) or necessity (pang overnight bag, wala ako nito eh) peace!

After lunch, we proceeded to Zhu Jia Jiao. It's an old fishing village with old houses, apartments and stores. It has many criss-crossing canals with a major river running through the village. We rode the boat from the starting station to the next station just crossing the river for RMB 60.

I used my ever reliable IXUS55 point and shoot camera again. I played with various settings and presets like my now favorite My Color to accent and highlight different colors.

Shanghai Outlet Store. It was 34 degrees centigrade Hot.

Feels like Arizona Mills but with more greens

SFF? hmmm...

Nike Bench?

Zhu Jia Jiao Water Village

Old boats plying the river with the Old-style homes in the background

Fisherman by the Canal

There's a story behind this picture and it involves Not-So-Yuppie-Anymore. As he was trying to photograph the fisherman, the fisherman stood up and started talking to Not-So-Yuppie-Anymore. Not-So-Yuppie-Anymore was surprised and actually thought the man was mad at him for taking his picture without permission. We had a good laugh when the man fished out a film instant camera from his bag and ask Not-So-Yuppie-Anymore to take his picture while he was fishing! Hahaha!

One of the old-style boats plying the busy main canals. This photo was taken using My Colors function with Green as the accented color.

Here's Not-So-Yuppie-Anymore thinkering with his Nikon D80
Old-style apartments beside the river (Tabing-Ilog style)

Old-style homes

River shot while riding the boat

Narrow streets lined with old-style homes

Residence # 127 flanked by two high growing shrubs.  Photographed using My Colors function green Color accented

The other side of the street with the multitudes of shopping stores

Colorful fishes are some of the items for sale

Pinoy Yuppie Husband's friends - (L-R) Soon-To-Be-Yuppie, Not-So-Yuppie-Anymore and Oh-So-Yuppie!

Chinese girl by the bridge

My favorite stolen shot.  I was in the small bridge taking photos of the buildings and my three friends when she posed for her boyfriend.  I did not have anymore batteries and I was just using the camera's viewfinder.  I just took one photo of her posing.  I was surprised it came out good.  The light wind blowing some of her hair and her skirt was a bonus!

Pinoy Yuppie Husband goes to The Bund!

I had a lull in my activities in Shanghai.  Together with other Pinoys and Pinays here, we went to The Bund.  From my hotel in Shangri-La, we went to our favorite restaurant and ate a delicious meal of Pork Spareribs. Yummy!  We proceeded to walk to the metro station.  I took some photos of the Pearl TV Tower, the Jingmao Tower and the Shanghai World Financial Center before going underground.  We boarded the Metro to Nanjing East Road. It was a quick one-station hop across the river.  There was a light rain when we came up to street level.  We walked in the general direction of the Bund.  It was around 15-20min walk from the Metro station.  We took a lot of photos.  My Point and Shoot camera was ok.  My other Pinoy Not-So-Yuppie-Anymore friend had his Nikon D80 DSLR with tripod and he was able to get amazing photos.  Anyway, mine are ok as well hehehe.  Just look at my P&S photos:

Pearl TV Tower

Jingmao Tower and Shanghai World Financial Center

Nanjing East Road

Financial District - View from the Bund

The Bund, tourists galore

Pinoy Yuppie Husband in Hongkong!

The view from the Sky Tower - HK Skyline in daylight.

I arranged my travel plans to have atleast 10hrs layover in HK International Airport with a plan to go to explore some parts of HK. I had an early 8:25am flight aboard Cathay Pacific. Plane departed exactly on time! We are up and then after less than 2hrs we were landing in HK. Immigration procedures were fast and efficient. There were many officers manning the booths. We exchanged some of our money to HK dollars, then proceeded to the information counter.

The conversation was something like this,
PYH: "Good morning, we have about 5hrs worth of time to visit HK, where can you recommend we go to?"
Info Officer: "Sir, then you have to go The Peak."
PYH: "OK, how can I go there?"
Info Officer then pulled some maps and pointed to this and that... "Take the Airport Express to Hongkong terminal, then follow the map".
PYH: "Ok, thanks!" 

I purchased a HK$100 Airport Express ticket (1 day, round trip), 30 mins later I was in HK MTR terminal.

MTR LED Distance Meter :)

Following the map was not that easy. Good thing there were Pinays all over! I approached someone to ask for directions, she did not only pointed it to me but she walked with me to the Peak Tram. Talk about Pinoy Yuppie Husband's charm. hehehe. She said she was going in the same direction to attend the Catholic mass.

The Peak Tram ride was great. More the 1km of around 30 degree incline straight up Victoria Peak. There were lots of tourist and the ride was pretty short. I took a photo with my camera parallel to the gound to show how steep the incline was.

30 degree Incline Tram!

The Peak Tram

The Tram stop at the peak and I proceeded to the Sky Tower, 5 floors up! Photos from that height were great! HK skyline at daytime. There were some posters depicting 120 years of HK history in photograps. How HK has changed!

Pictorial History: 120 years of HK

The Peak Tram going uphill

More than 2hrs of picture taking and lunch of baked porkchop, I was ready to go down. Walking back to the Airp

ort Express terminal, I saw an amazing sight! Pinays all over the Central district. They were everywhere. One road was actually closed to traffic and the Pinays were sitting literally in the center of the road. According to the Pinay who helped me earlier, Sunday is their off day from work and most of them gather here to chat and mingle with other Pinays. Some were just sitting, eating pancit, bilo-bilo, drinking beer, coke, munching on Pinoy chichiryas. Some were selling prepaid cards also. Going back, I took some wrong turns and was somewhat lost. Another Pinay offered to help point me back to Airport Express. :) Back to  the Airport by 6pm. I waited 2hrs for my plane to Shanghai and after a 15min delay we were taxiing and ready for take-off. Tomorrow I'll blog about the plane ride and my first day in Shanghai. - Pinoy Yuppie Husband

Queen's Road Central Closed

Pinoy Yuppie Life: Electric Car for me?

Pinoy Yuppies rejoice!!! The electric car is near! EVnnovations a subsidiary of Ramcar Group of Companies will be the official local distributor of REVAi, an electric car from REVA Electric Car Company from India, in the Philippines.

REVAi is a fully-automatic, two-door hatchback car touted to have a range of 80 km per charge. The car is small at only 2.6m in length, 1.3m in width and 1.5m in height. For the average Pinoy Yuppie, this is more than enough for a single day of driving to work. My home to office distance is only 50km back and forth. According to its e-brochure, 1 km will only cost 40 centavos! wow! My fuel-efficient Pinoy Yuppie car goes around Php 3.8/km. Now that's savings! Here's the best part -- since it's an electric car, it's 100% emission free. Very good alternative option for Pinoy Yuppie environmentalists.

Apart from the usual cost savings and environment-friendliness, the car also have standard safety features like its steel space frame with side impact beams, front wheel disk brakes, energy absorbing bumpers, child seat belt, rear defogger and dent-proof ABS body panels. It has large doors for easy entry and exit, high seats for superior visibility and its rear foldable seats provides more luggage room much like the Pinoy Yuppie Husband's car.

The main system -- heart of the electric car is its maintenance-free AC motor, capable of quick acceleration of 0-40km/hr in 7 secs and has a reported top speed of 80km/hr. It has hill restraint feature, good when your stuck in traffic up a flyover, its unique boost mode give 40% more power, the energy management system is upgradable as well and it has electronic regenerative brakes.

The more trendy Pinoy Yuppies can choose from an array of options like CD MP3 player, climate controlled seats, leather seats and leather-wrapped steering wheels, central locking system, special scratch resistant panels and air conditioner & heater with remote pre-heat/pre-cool capabilities.

Charge time is around 8hrs for 100% capacity, but if you're on the go and can't wait too long, it can be charged to 80% capacity in 2.5hrs. Published seating capacity is 2 adults and 2 children, for the average Pinoy Yuppie family this is enough although you can't carry too many baggage.

The integrated power system specification are as follows - Motor is a high torque (52Nm), AC induction motor, 3 phase 13kW peak; Controller is a 350 Amp microprocessor-based with regenerative braking; Charger is a 220V, 2.2kW, high frequency switch mode type; EMS is a microprocessor-based battery management system; Power comes from 48V, 200 Amps-hr, EV lead acid batteries (6pcs).

Early reports from Manila Times quotes the price tag to be PhP900,000! Yikes. Ouch! Definitely not for the common Pinoy Yuppie. The steep initial price is due to the high acquisition cost which includes excise tax and importation duties. EVnnovations are initially targetting the A and B economic markets. But if the reported cost per Km is true, for my daily trip alone I will be able to save a whopping PhP3,500 per month!

But the average Pinoy Yuppies still hope that this car can be sold at near manageable levels. Getting tax-free incentives and subsidies from the government can definitely drive the selling price down. This will jumpstart our government's drive for a greener environment. It will help lessen our dependence on petroleum-based fuels and can also save our environment by lessening carbon emissions. Prices in India is around PhP300,000 for the base model. If this will be sold here at PhP 350k to PhP 400k, Pinoy Yuppies can definitely consider this for a first car.

There's no definite date yet on when the REVAi will be launched in the Philippines but I think the Pinoy Yuppies are already waiting for it.

Visit http://www.revaindia.com/ for more cool photos and facts about the REVAi.

Abangan ang susunod the kabanata... (Let's wait for the next news installments...)

Pinoy MBA: Left on a Mountainside (HBR Case Study)

Left on a Mountainside
Author(s): Julia Kirby, Kenneth Eisold, Dee Soder, Jeffrey P. Kahn, Charles M. Elson

Description:
Davidson is on top of the world, literally and figuratively, at the beginning of this fictional case study. He's in the Swiss Alps, headed for Davos and his first experience as a delegate to the World Economic Forum's annual conference. And he has reason to believe he is about to be made president of his company, Carston Waite--and, therefore, heir apparent to the CEO position. Then his phone rings. It's his mentor, Frank Maugham, the CFO and a board member at Carston Waite, calling to inform him of a major setback. "David asked me to let you know you are not going to be named president," he says. "At least not yet. He wants to stay close to the business." But Frank has a plan to change the CEO's mind. Meanwhile, Ed feels betrayed and humiliated--and his desire for revenge against the CEO mounts. When the news comes that Frank's plan has failed and has cost Frank his job, Ed is already deep in a plot of his own. He's in Davos because David had to back out; Ed is supposed to deliver the CEO's remarks in his stead. But why not use this opportunity on the world stage instead to deal a parting blow?

Left on a Mountainside Case Analysis (by PinoyYuppieHusband and the Yuppie Group)

1. Statement of the Problem:
Should Ed use a nasty secret about his CEO in altering the speech he will deliver at the World Economic Forum to try to salvage his career?


2. Objectives:
2.1. To determine whether Ed should keep his ethical standard and not try to ruin David’s reputation by altering his speech.
2.2. To be able to recommend future course of actions regarding improvement of Carston Waite succession planning.


3. Areas for Consideration:
3.1 Characters:
Edward “Ed” Davidson – Central character, rising star at Carston Waite, youngest Division head at 38 yrs old
Frank Maugham – CFO and Board member at Carston Waite, previously failed to be CEO, survivor, had real influence, manipulative, unethical
David Paterno – Carston Waite CEO, former mentor of Ed
Lucy Keh – Ed’s old B-school section mate, met Ed during the forum, whom Ed confided his problem with

3.2 Facts:
Ed is at Zurich to represent his CEO and present a speech at the World Economic Forum, will not be named yet as President of Carston Waite.

It was mentioned in the case that David Paterno is not naming Ed as president, at least not yet as David wanted to stay close to the business. Ed’s perception that David thought he couldn’t cut it was just perceived as David’s betrayal.

Frank is “going to call around to the rest of the board members and see if we can’t prevail upon David to change his mind”.

Frank was accused of insubordination by David and his actions were deemed by the board of directors not compatible with the interest of the business and its shareholders. He was fired.

Frank cooked up an understanding with David that he and Ed will throw their weight behind David’s candidacy as CEO and once David got the job he will grant Frank a seat at the board and make Ed president. Heir apparent.

David Paterno was able to win the position only because of the backing of Ed and Frank together with some misrepresentations done by Frank.


3.3. SWOT Analysis:

Edward Davidson
Strengths
· formidable analytical skills
· technical innovator
· incisive
· developed selling skills
· golden – was able to engineer greatest uptick in profitability among all divisions
Opportunities
· represent Carston Waite’s CEO at the World Economic Forum
· keep his job
· become company president in the future
Weaknesses
· arrogant
· too dependent on other people
· easily manipulated
· lack of control and confidence
· unethical
Threats
· undermined by Frank
· danger of being fired from Carston Waite


4. Alternative Courses of Action:

ACA # 1:
Ed can deliver the speech unaltered and talk to David about keeping his job. There is no clear information that David really reneged on his promise to name him president. He has information only from Frank who may be selectively presenting information.

Pros
· Ethical thing to do.
· Keep his reputation and the reputation of his CEO and company.
· Give him the best chance to keep his job.

Cons
NONE


ACA # 2:
Ed can blackmail David to enable him to salvage his career in the company.

Pros
· Give him leverage to keep his job.

Cons
· Unethical
· Can be ground for termination.


ACA # 3:
Ed can reveal David’s nasty secret and real track record on social responsibility to the leaders present in Davos to exact revenge on him.

Pros
· Satisfy his vengeful fantasy.
· Unethical
· Surefire way to get fired.

Cons
· Confirm he is not ready to become CEO.
· Humiliate himself, David and his company.
· Ruin his career.


5. Conclusion and Recommendation:
It is to Ed’s best interest to go the high road and keep his ethics intact by giving the speech unaltered. He should use the opportunity that he has in Davos to prove to David that he can very well represent the company and can be on the league of the other leaders present in the World Economic Forum. Whether David really reneged or not on his promise of naming Ed president and heir apparent, it is not ethical for him to try to undermine David in the world stage. After the conference, he should talk to David and clarify with him the reason for his decision. Ever since he received the message from Frank, he has not talked to anybody but Frank who may be selectively presenting him information.

There is a seriously flawed approach to CEO succession in Carston Waite. First, David Paterno was able to win the position only because of the backing of Ed and Frank together with some misrepresentations done by Frank. The decision of David not to name Ed as president showed that succession planning at Carston Waite is being driven by the CEO and not the board of directors. Clearly, there is a lack of good corporate governance in the company with respect to succession planning. Most companies have specific guidelines on the responsibility of succession planning. An example for Intel Corporation is shown below. Carston Waite should adopt a similar guideline.

Taken from Intel Corporation Board of Directors Guidelines on Significant Corporate Governance Issues, March 19, 2008 (1):

The primary responsibilities of the Board of Directors are oversight, counseling and direction to the management of the company in the interest and benefit of the company’s shareholders. The Board’s detailed responsibilities include:
(a) Selecting, regularly evaluating the performance of, and approving the compensation of the Chief Executive Officer and other senior executives;
(b) Planning for succession with respect to the position of Chief Executive Officer and monitoring management’s succession planning for other senior executives;


References:

(1) Intel Corporation, Board of Directors Guideline on Significant Corporate Governance Issues, March 2008.

Pinoy Yuppie Life: Makati Floods, Cancelled Classes

I was carpooling with my officemates going to our MBA class at DLSU-RVR at RCBC Makati. We left our office at Cavite at around 4pm for our 6pm class. Contrary to our expectations there were no traffic in Aguinaldo Highway, Coastal Road or even Macapagal Blvd. Our compact sedan breezed through traffic until we reach Beundia cor. Roxas Blvd.

5:15pm we were at Buendia, but now it's Traffic! Bully bus drivers were turning right from Roxas to Buendia were causing a bottleneck in the tiny intersection. Cars and buses were literally bumper to bumper. After several minutes in the intersection we were able to pass without a scratch, Whew! When we passed Taft Ave, we made a slight detour in De La Rosa St. to avoid the buildup in Buendia, but after two streets, we made a left turn again to return to Buendia. Lo and behold, the great flood! Well, not really THE GREAT FLOOD, but it was enough to slow down the traffic. We could hear the flood waters swooshing underneath the car. We spent atleast 45mins in that stretch of road alone, about 200m worth of flood water infested streets of Makati!

We finally made it to RCBC! Wohoo! First day of classes! Then, when we proceeded to our room, lights out. Nobody there. Class Cancelled! :( :( :( - Pinoy Yuppy not happy!

Oil at $100/barrel.. now what?

Now that the oil price (Brent crude) has reached $100/barrel level (http://www.msnbc.msn.com/id/12400801/) when can we expect a price rollback from the local oil firms? During the last 3 months (June-August 2008), we have been constantly hammered by almost every week of one peso increase in gas prices mainly due to the increase in the price of crude oil in the world market. When the oil firms use this as an excuse, we really can't do anything about it. But now, the crude is back to 1st quarter of 2008 levels, we have not seen the same level of eagerness in terms of price rollback. The best that we are seeing is an every other week 1 peso price rollback. Is it enough? Personally, my answer is no. Right now, pump prices are at P52-53/liter for unleaded gasoline. If not for the small oil firms who are the ones leading the rollback, it might still be on the P55-56 price range.

When I bought my car last May 2006, the price of unleaded gasoline was only around P40/liter and even bottomed out to P34/liter during Feb 2007. Since then it has been a climbing price chart! Now, I couldn't even justify using my own car! Since May of this year, when the pump prices climbed to P50/liter, we started to feel the burden of spending for gas. I was forking out atleast P7200/month on gas and it took a toll on our family finances. I calculated the cost of commuting versus bringing my car to work and the difference was staggering! I can save P4500/month by not using my car to work. Since then, I've been commuting to work and to school. I'm saving on gas, parking and toll fees. The only drawback is it's more tiring, poses health hazard (due to the smoke belchers and smokers) and it takes more time to get home :(. Anyway, the ROI is worth it. We now only use the car for "official" family "lakads".

I just hope for the sake of the average Pinoy Yuppy that the oil firms rollback the prices more. 'wag lang puro kabig, dapat matuto ding magbigay.

The Shakedown (HBR Case Study)

Introduction:
I'm in my 2nd term of my 1st year as an MBA student at DLSU-RVR Manila. One of the very first subjects I took was BUS500M (Management Principles and Dynamics). Part of the course requirement was to submit analysis of HBR (Harvard Business Review) cases. I'm sharing my analysis to all my readers. You can use this as a guide during your own analysis.

------------------------------------




The Shakedown:
Authors: Phil Bodrock, Alan L. Boeckmann, Rafael Di Tella, Thomas W. Dunfee, Bozidar Djelic
Description:
Customer Strategy Solutions, a California-based developer of order fulfillment systems, is facing a shakedown. Six months after the firm's CEO, Pavlo Zhuk, set up a software development center in Kiev, local bureaucrats say the company hasn't filed all the tax schedules it should have. Moreover, Ukrainian tax officials claim that the company owes the government tax arrears. Zhuk is shocked; he and his colleagues have done everything by the book. This isn't the first time Zhuk has encountered trouble in Ukraine. In the process of getting the development center up and running, a state-owned telecommunications utility had made it difficult for Zhuk to get the phone lines his company needed. Senior telecom manager Vasyl Feodorovych Mylofienko had told Zhuk it would take three years to install the lines in his office--but for a certain price, Mylofienko had added, the lines could be functioning the following week. Even as the picture of rampant bribery and corruption in Ukraine becomes clear, Zhuk still doesn't want to pull out. Of Ukrainian descent, he has dreams of helping to modernize the country. By paying his programmers more than they could make at any local company, he hopes to raise their standard of living. And yet, he isn't sure he can keep compromising his principles for the sake of the greater good. Should Customer Strategy Solutions pay off the Ukrainian tax officials?

Case Analysis # 1 (by PinoyYuppyHusband)
1. Problem Statement:
Pavlo Zhuk, driven by a desire to create opportunity, to bring hope, and to help build a modern society in Ukraine, faces a tough choice, should he pay-off the Tax officials who initiated the shakedown?

2. Objectives:
2.1 To identify problems that Foreign business encounter in Ukraine
2.2 To identify actions that Zhuk can take to keep his business ethics intact and still remain in Ukraine.

3. Areas for Consideration:
3.1. Customer Strategy Solutions SWOT Analysis
Zhuk sees great opportunities for his company’s presence in Ukraine. Ukranian Software Developer’s Association (USDA) forecasts that the country’s exports of IT-related services will double over the next two years. He’s playing to his company’s strength in being the only software development center for a multinational in Ukraine. He has steady supply of highly skilled and reasonable priced programmers. Zhuk’s friend in the Banking industry even advice to take Customer Strategy Solutions public as it will get a bigger shares premium because of its development center in Kiev.

Zhuk’s company like many other foreign SME companies in Ukraine remains vulnerable to continued extortion due to corruption in the country’s bureaucracy. Bribes is becoming a way of life in the country as reflected in Business Environment survey done by the International Finance Corporation (IFC) last December 2004 wherein 69% of the respondents believed that Corruption is one of the main obstacles for business. Survey results demonstrate that relations between private business and the state in Ukraine remain imperfect. Entrepreneurs point to an unstable legislative environment and corruption as key impediments to business.

Chart 3.1 Main Obstacles for Business in Ukraine









Source: 2004 Business Environment in Ukraine, IFC.

3.2 Ukraine’s Corruption History
Ukraine is a “country plagued by many serious challenges, among the most important of which is widespread corruption. This is hardly surprising. Many, if not most, post-Soviet states have been plagued with varying degrees of political corruption as well as increased levels of corruption in nearly all sectors of the economy. While the challenges posed by corruption are by no means unique to Ukraine or Ukrainians, the Atlantic Council’s Task Force on Corruption in Ukraine has concluded that the country today is experiencing a degree of pervasiveness of corrupt behavior which permeates society and all levels of government. Corruption, which in some cases intersects with the operations of Ukrainian and international organized crime, has reached a level that leads many Ukrainian and Western observers to describe it as a direct threat to the country’s democratic development and economic prosperity.” (1)(2)

The Transparency International Corruption Perceptions Index (CPI) currently ranks Ukraine #118. CPI is the degree to which corruption is perceived to exist among public officials and politicians. It is a composite index, a poll of polls, drawing on corruption-related data from expert and business surveys carried out by a variety of independent and reputable institutions. The CPI reflects views from around the world, including those of experts who are living in the countries evaluated. Ukraine’s CPI score of 2.7/10 is steadily improving since 2000 although it is still way below acceptable levels as shown in the graph below. This shows that there is still room for improvement in Ukraine through reforms.

Chart 2: Ukraine: Corruption Perception Index (CPI)











Source: http://www.transparency.org/

4. Alternative Course of Actions:
4.1. Do not pay-off the UTA Special agents and face “some serious consequences”. Business ethics dictates that Zhuk should not pay-off the bribes to the UTA Special Agents. Zhuk’s company is also covered by the US Foreign Corrupt Practices Act (US FCPA) of 1977 Anti-Bribery provisions which makes it unlawful to bribe foreign government officials to obtain or retain business.

Pros
1. Follow legal course of action under the US FCPA
2. Zhuk protects high moral values required for managers and act as an inspiration to his people
3. Cost of business is maintained

Cons
1. Backlash from local authorities
2. Company might be given hard time

BASIC PROVISIONS PROHIBITING FOREIGN CORRUPT PAYMENTS (3)
Anti-Bribery Provisions: The FCPA makes it unlawful to bribe foreign government officials to obtain or retain business. The anti-bribery provisions apply both to certain issuers of registered securities and issuers required to file periodic reports with the SEC (referred to as "issuers") and to others (referred to as "domestic concerns"). A domestic concern is defined as any individual who is a citizen, national, or resident of the United States, or any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship that has its principal place of business in the United States or that is organized under the laws of a state of the United States, or a territory, possession, or commonwealth of the United States.

Payments by Intermediaries: It is also unlawful to make a payment to any person, while knowing that all or a portion of the payment will be offered, given, or promised, directly or indirectly, to any foreign official (or foreign political party, candidate, or official) for the purposes of assisting the firm in obtaining or retaining business. "Knowing" includes the concepts of "conscious disregard" or "willful blindness."

Enforcement: The Department of Justice is responsible for all criminal enforcement and for civil enforcement of the anti-bribery provisions with respect to domestic concerns. The SEC is responsible for civil enforcement of the anti-bribery provisions with respect to issuers.

SANCTIONS AGAINST BRIBERY
The following criminal penalties may be imposed for violations of the FCPA's antibribery provisions. Firms are subject to a fine of up to $2 million; officers, directors, and stockholders are subject to a fine of up to $100,000 and imprisonment for up to five years; employees and agents are subject to a fine of up to $100,000 and imprisonment for up to five years. Fines imposed on individuals may not be paid by the firm.

4.2. Pay-off the UTA Special Agents and risk being labeled as a “soft target”.
Does Ukraine have a culture of Corruption wherein businesses cannot escaped giving bribery to government officials if they expect to survive in the business environment?

Pros
1. No hassles for the company in doing government “transactions”
2. Zhuk protects his business interest

Cons
1. Vulnerable to prosecution under the US FCPA 1977
2. Erratic cost of business as bribes may reach exorbitant prices
3. Not a good role model for his employees

According to a recent study (4) Recent figures published by the MCC 2007 Baseline Survey on Corruption in Ukraine indicate that the public believes corruption is widespread in Ukraine in terms of “grand corruption” while most Ukrainians themselves have experienced a signifi cant amount of “petty corruption” across a range of different sectors (government, business regulation and inspection, university, health care, etc.):
• 67 percent of Ukrainians who have dealt with government officials over the past 12 months say that they have been directly involved in corrupt transactions of some sort.
• Bribe extortion by offi cials (25 percent) is twice as prevalent as voluntary bribe-giving (11%).
• Large numbers of Ukrainians give bribes because it is customary and expected. Often bribes are given to ensure that public services are delivered either at all or in a timely fashion.

But this is a dangerous proposition for whomever whishes to follow this route. Last 2003, in Kazakhstan, James H. Giffen, an American counselor to President Nursultan Nazarbayev of Kazakhstan, was arrested March 30 and accused of funneling $60 million in oil commissions into his boss' secret Swiss bank accounts and another $17 million into the accounts of the country's then-top oil official. He was released on bail pending trial expected to start next January.

4.3 Lead a double life, abide by the local rules of the game while investing in initiatives led by local NGOs that wanted to battle corruption in the country.
Zhuk can also choose to play along with the “local laws” and bribe all of the government officials threatening a shakedown. At the same time, Zhuk can funnel some funds to NGOs that fight corruption.
This will be a lame course of action for Zhuk as there will not be a big headway in fighting corruption if companies will hide behind NGOs while fronting a corrupt business practice.

Pros
1. No hassles for the company in doing government “transactions”
2. Zhuk protects his business interest

Cons
1. Vulnerable to prosecution under the US FCPA 1977
2. Erratic cost of business as bribes may reach exorbitant prices
3. Not a good role model for his employees
4. Will not portray a good business practice within the industry.
5. Promote culture of corruption

5. Conclusion and Recommendations
Best course of action for Zhuk is not to tolerate bribery when dealing with government officials and follow the following course of actions:
Follow anti-bribery provisions as listed in the US Foreign Anti-Corrupt Practices Act of 1977. This is the law, a good and socially responsible company should follow the letter of the law.
Draw up Code of Ethics for his company and let all employees from Top management to rank and file employee read, understand and sign the document. Expect only high moral standards and impeccable business practices when dealing in and outside of the company.
Expose bribery attempts by unscrupulous government officials to the Media. Ukraine media has been very sensitive to corruption issues especially after the Orange Revolution.
Local and Foreign Businesses should form organizations to lobby the government to implement through legislation, stricter and tighter controls for business deals.
Form an industry-wide oversight committee which will monitor all Corruption-related issues, prosecution and judicial rulings so that external check and balance can be attained.


REFERENCES:

(1) Neutze J. & Karatnycky A. (2007). Corruption, Democracy, and Investment in Ukraine. The Atlantic Council of the United States
(2) International Finance Corporation. (2004). Business Environment in Ukraine. Norway. Ministry of Foreign Affairs of Norway.
(3) Pala C. (2003, May 17). Oil Scandal Hits Kazakhstan. Washington Times. JRL 7187
(4) USIS (1998, November). Economic Perspectives. USIA Electronic Journal 3(5).

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