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NEW QUESTION: 1
Avaya has set up a branch office in an emerging market in South Asia. The company engages a Partner ("Partner" or "Channel Partner') who has contacts within the government to promote and sell its products and services in the above market. In connection with the above, the Partner pays two (2) government officials $250 each. The Partner takes the position that these payments were not made to secure any government business but rather to build relationships to position Avaya's business in the market.
Is the Partner potentially in breach of anti-bribery/anti-corruption laws and regulations and Avaya's Anti-Bribery/Anti-Corruption policy?
A. No, because the Partner didn't actually solicit any business for Avaya and the dollar value of the payment is relatively small.
B. Yes, because anti-bribery/anti-corruption statutes and Avaya policy prohibit the improper influencing of a foreign public official to secure business from any source.