NCJ Number
214583
Journal
American Criminal Law Review Volume: 43 Issue: 2 Dated: Spring 2006 Pages: 575-601
Date Published
2006
Length
27 pages
Annotation
This overview of the U.S. Foreign Corrupt Practices Act (FCPA) addresses its accounting and antibribery provisions, its penalties, global anticorruption efforts, FCPA corporate compliance programs, and recent and anticipated developments.
Abstract
The FCPA was enacted in 1977 as part of the 1934 Securities Exchange Act. It criminalized the bribery of foreign officials by U.S. corporations and individuals who were pursuing business in other countries. It required that companies with publicly traded stock met certain standards for their accounting practices, books and records, and internal controls. The FCPA was amended in both 1988 and 1998 to add two affirmative defenses that take into account the competitive disadvantage that might be posed in a given situation; and it directed the executive branch to urge America's global trading partners to pass similar anticorruption laws to promote fair and ethical international trading practices. The amendments also expanded the scope of persons covered by the FCPA to include some foreign nationals. As it now stands, the FCPA requires companies to maintain accurate records and a system of internal controls; and it continues to outlaw the bribing of foreign officials and others for the purpose of obtaining a business benefit. This article reviews the accounting and antibribery provisions of the FCPA as well as the range of penalties for their violations. This is followed by a review of global anticorruption efforts and guidelines and resources for creating an effective compliance program. The article concludes with a discussion of developments in efforts to address business corruption. 175 footnotes