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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Is running a international tour company and booking u.s. customer

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Is running a international tour company and booking u.s. customer through our website and the customers charge our land package with their credit card online to fly to our destination, the land package includes lodging, travel,meals and a female escort on foreign soil, is it legal in the STATES( possible Homeland Security issues) just to clarify something we are not doing nothing illegal. follow-up question should we register the company in the U.S. to show credibility to the potential customer and increase our business base, as you know American are skeptical doing business with overseas companies, or do you think we should keep it as is a foreign company since we're a web base business. Please advise, thank you
Submitted: 8 months ago.
Category: Legal
Expert:  Jack R. replied 8 months ago.

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it is not illegal for U.S. residents to conduct commerce with foreign companies. Many do.

 

Whether is a good idea to have a U.S. presence is a separate question. Increasingly U.S. residents are being targeted by scams from foreign countries. I myself have seen a number of frauds being perpetrated from England, Canada, and a multitude of African, Pacific and Asian countries. There are concerns surrounding identity theft and just plain failure to deliver purchased good and services. A number of "new" programs keep the public on heightened alert whenever business is conducted with a foreign company.

 

I am not sure if you transact business in dollars or other foreign currency. This could also be a concern to American consumers.

 

Your consumer base would be more trusting if you had a U.S. presence. This at least creates the potential and appearance for resolving legal issues within the U.S. Being a web based product shields you from some of the visibility of being a foreign company. However, once your location becomes more publicly now you may turn away some potential business. Certainly your competition will know where you are based.

 

My recommendation would be for your company to main a local presence in the U.S.

 

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

 

Customer: replied 8 months ago.


Jack:
My concerns is more in the female escort, in this foreign country prostitution is 100% legal, however, I don't disclose includes sex on the package,, we leave it to the men imagination, we address the female escorts as tour guides their duties includes both. Just like in the county in Nevada where sex is legal, they don't take payment over the internet according to the brothels, this was a concern to me and for my business to conduct register the company in the U.S. We have more of cleaner website for the upscale man who wants to go on vacation, nothing cheesy. Thank you

Expert:  Jack R. replied 8 months ago.
If your web site is a veiled site for soliciting prostitution then you would be advised to conduct the business from a place where it is legal off shore. If you maintain a U.S. presence then the officers of the company in the U.S. could be charged and the web site brought down.

You need to be aware that the U.S. government has shut down offshore activity which it deems illegal. You may not be big enough for them to go after. The latest example is off shore poker. The justice department got involved to bring the European based online sites down, and attempted to extradite the major players from oversees. Off shore poker is a billion dollar business. As I stated you are probably too small for the Justice department to go after you, but it is a consideration. On shore there would be little difficulty shutting you down and arresting those in the U.S.

Here is a link to the poker prosecution:

http://www.forbes.com/sites/nathanvardi/2011/04/15/founders-of-worlds-biggest-online-poker-companies-indicted/

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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