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Question 6: In connection with a CCT implementation project for the Government of Mourito, Avaya haspartnered with a leading Distributor in the country. Avaya is required to import certain telecom
equipment into Mourito. Avaya arranges for the shipment and same reaches Mourito port. In order
to release the shipment, a no-objection letter is required from the customs unit in charge of the port.
This is standard operating procedure in Mourito vis-a-vis overseas shipments. Typically, it takes about
7-14 working days to receive the letter. The Distributor, citing project exigency, pays a sum of $150 to
a senior customs official and obtains the NOC. What prompts the Distributor to make the payment is
that facilitation payments are customary and legal in Mourito.
What breach, if any, has the Distributor committed?
A. None, the payment made by the Distributor constituted facilitation payment which is customary
under the laws of Mourito
B. The Distributor has breached Avaya's policy since Avaya prohibits facilitation payments
Correct Answer: B
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