Resource bank

FCPA: resource guide to the U.S. Foreign Corrupt Practices Act

Geographic relevance: United States

Language: English

Data type: Legal references

Author(s): United States. Department of Justice. Criminal Division and U.S. Securities and Exchange Commission, Enforcement Division of the

About this resource:

A detailed compilation of information about the FCPA, its provisions, and enforcement. The Guide addresses a wide variety of topics, including who and what is covered by the FCPA’s anti-bribery and accounting provisions; the definition of a “foreign official”; what constitute proper and improper gifts, travel and entertainment expenses; the nature of facilitating payments; how successor liability applies in the mergers and acquisitions context; the hallmarks of an effective corporate compliance program; and the different types of civil and criminal resolutions available in the FCPA context. The Guide takes a multi-faceted approach, setting forth in detail the statutory requirements while also providing insight into DOJ and SEC enforcement practices through hypotheticals, examples of enforcement actions and anonymised declinations, and summaries of applicable case law and DOJ opinion releases.

The FCPA’s anti-bribery provisions can apply to conduct both inside and outside the United States. Issuers and domestic concerns—as well as their officers, directors, employees, agents, or stockholders—may be prosecuted for using the U.S. mails or any means or instrumentality of interstate commerce in furtherance of a corrupt payment to a foreign official.

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