NCJ Number
133261
Journal
American Criminal Law Review Volume: 28 Issue: 3 Dated: special issue (1991) Pages: 541-558
Date Published
1991
Length
17 pages
Annotation
A discussion of the present structure of the accounting and anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) includes an overview of the original composition of the 1977 FCPA and a review of the 1988 amendments and their effectiveness in terms of satisfying the legislative intent to eliminate corporate bribery abroad.
Abstract
The initial version of the FCPA generally proved effective in curbing foreign bribery by U.S. corporations, but the scope and meaning of the Act was not totally clear. Amendments passed in 1988 significantly clarified the ambiguities surrounding the original FCPA, and this, together with increased penalities, may effectively deter domestic corporations from engaging in questionable foreign practices. Despite the 1988 amendments, some continue to question the effectiveness of the FCPA anti-bribery provisions. They maintain that the meanings of the terms "corruptly" and "knowing" and the distinction between payments for the purpose of "retaining business" and "bona fide/reasonable expenditures" remain unclear. FCPA must be further clarified if the United States wants to remain a viable economic entity abroad. 114 footnotes