Engineer A is a consulting engineer who does work in the United States and abroad. Engineer A is contacted by the government of Country A and asked to submit a proposal on a major water project being constructed in Country A. As part of the project, Engineer A is encouraged to associate with and retain Engineer B, a local engineer in Country A, who Engineer A has worked with in the past on private projects in Country A. One of the acceptable "customs" in Country A is for consultants such as engineers to give substantial gifts to public officials in connection with the awarding of public works contracts. Engineer A recognizes that the giving of such gifts may be a violation of U.S. law - although they may not technically be a violation of the law in Country A. Engineer B proposes to Engineer A that if the project is awarded to Engineer A's firm, Engineer B will handle "business arrangements" in Country A and that Engineer A be involved in overall management of the project as well as all technical matters.

Question: Would it be ethical for Engineer A, an NSPE International Member governed by the laws of his home country and the local practices, to provide cash payments or in-kind property to public officials in foreign countries in order to obtain and retain business from those public officials? In your response, please draw on material from Rachels & Rachels.

NSPE Code of Ethics References:

Code I.5 - Engineers, in the fulfillment of their professional duties, shall avoid deceptive acts.

Code II.1.d - Engineers shall not permit the use of their name or associate in business ventures with any person or firm which they believe is engaged in fraudulent or dishonest enterprise.