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U.S. Foreign Corrupt Practices Act (FCPA) Resource Guide

This is a comprehensive resource guide on the U.S. Foreign Corrupt Practices Act (FCPA) by the U.S. Department of Justice and the Securities and Exchange Commission.

Background

The FCPA was enacted in 1977 to prevent bribery of foreign officials and ensure compliance with federal securities laws.

Key Points from the Guide

  • Enforcement: DOJ and SEC share enforcement authority for the FCPA’s anti-bribery and accounting provisions.
  • Scope: The FCPA applies to issuers (public companies) and their officers, directors, employees, agents, or stockholders acting on behalf of the issuer. It also covers domestic concerns, including U.S. citizens, nationals, and residents, as well as certain foreign persons and businesses that act in furtherance of an FCPA violation while in the territory of the United States.
  • Affirmative Defenses: The FCPA includes two affirmative defenses:
    • (1) the local law defense; and
    • (2) the reasonable and bona fide promotional expense defense.
  • International Cooperation: The U.S. government has negotiated an international treaty with members of the Organisation for Economic Co-operation and Development (OECD) to prohibit bribery in international business transactions.

Enforcement Agencies

  • DOJ’s Role: DOJ has criminal FCPA enforcement authority over issuers and their officers, directors, employees, agents, or stockholders acting on behalf of the issuer. It also has both criminal and civil enforcement responsibility for the FCPA’s anti-bribery provisions over domestic concerns and certain foreign persons and businesses that act in furtherance of an FCPA violation while in the territory of the United States.
  • FCPA Unit: The FCPA Unit within the Fraud Section of the Criminal Division handles all FCPA matters for DOJ, and regularly works jointly with U.S. Attorneys’ Offices around the country.

Resources

  • DOJ’s Website: DOJ maintains a website dedicated to the FCPA and its enforcement at http://www.justice.gov/criminal/fraud/fcpa/. The website provides translations of the FCPA in numerous languages, relevant legislative history, and selected documents from FCPA-related prosecutions and resolutions since 1977.