Foreign Corrupt Practices Act (FCPA)

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Enacted in 1977, the Foreign Corrupt Practices Act (FCPA) makes it illegal for U.S. citizens, U.S. companies, and certain foreign companies to bribe a foreign government official in order to obtain or retain business. Since the FCPA was enacted, trade’s importance to the U.S. economy has significantly increased with exports now at approximately $2.5 trillion in 2018. Read More...

Unfortunately, the FCPA has not evolved to reflect these changes in the global economy. Despite the law’s good intentions, FCPA enforcement practices have created major uncertainty for American businesses who now face civil and criminal penalties for conduct they are either unaware of, or is the result of a single employee’s inappropriate actions.

The Department of Justice (DOJ) has put in place a new FCPA compliance program policy that rewards companies that develop and maintain compliance programs that are designed to deter and detect violations. Even further, the compliance program allows companies to disclose wrongdoings to potentially avoid criminal charges if reported in a timely manner.

ILR’s goal is to encourage other agencies to follow the DOJ’s example on compliance enforcement policies, and ensure that U.S. companies face greater certainty and predictability when it comes to complying with the FCPA.

01/01/2019

Suggested Resources

Research
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    DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions

    May 26, 2016

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    ILR Research Review - Fall 2017

    November 30, 2017

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe. Read More

All Results for Foreign Corrupt Practices Act (FCPA)

  1. In the News Today - March 15, 2019

    March 15, 2019 | News

    Enforcement of the Foreign Corrupt Practices Act Has Entered an Era of Transparency in Incentives and Rewards... Read More

  2. Department of Justice Changes Its Ephemeral Messaging Policy

    March 13, 2019 | Blogs

    Ephemeral messaging has completely changed how companies communicate around the world. These apps are faster, easier and can be more secure than email. But since 2017, companies have had to wonder what's up with using WhatsApp (and other similar platforms) while cooperating with Department of Justice (DOJ) Foreign Corrupt Practices Act (FCPA) investigations. ... Read More

  3. FCPA Self-Reporting Program Makes Headway

    March 13, 2019 | News

    The Department of Justice has publicized at least 12 Foreign Corrupt Practices Act (FCPA) cases in which prosecutors have declined to charge companies who self-reported wrongdoing, the Wall Street Journal reports...... Read More

  4. DOJ Rolls Back Ban On Disappearing Messages

    March 12, 2019 | News

    The U.S. Department of Justice has taken yet another step to ease corporate compliance in Foreign Corrupt Practices Act cases... Read More

  5. Deputy Attorney General Rod Rosenstein Highlights “Piling On,” Corporate Compliance in Keynote Address

    March 11, 2019 | News

    Deputy Attorney General (DAG) Rod Rosenstein recently gave remarks on anti-corruption efforts about the dangers of duplicative "piling on" enforcement actions, the value of good corporate compliance programs, and the need for enforcement agencies to incentivize compliance, according to the Department of Justice news service.... Read More

  6. In the News Today - July 30, 2018

    July 30, 2018 | News

    7th Circ. Cuts Attorneys' Fees in TCPA Case; ILR's Kim Discusses DOJ's New Policies on FCPA Flash Podcast... Read More

  7. In the News Today - June 18, 2018

    June 18, 2018 | News

    Associate Attorney General Cites Importance of Corporate Compliance Culture; Australian Attorney General Backs Licensing as "Sensible Approach" to Regulation of Third Party Litigation Funding... Read More

  8. In the News Today - January 5, 2018

    January 05, 2018 | News

    What In-House Counsel Must Know About the Revised Corporate Enforcement Policy; Intel Hit With Consumer Class Action Over Security Issue... Read More

  9. In the News Today - November 17, 2017

    November 17, 2017 | News

    U.S. Foreign Bribery Cases Fast-Tracked Due to Statute of Limitations Rule - SEC Enforcement Chief; Trump Considers Naming Mulvaney Interim CFPB Director... Read More

  10. In the News Today - June 12, 2017

    June 12, 2017 | News and Blog

    Prospects for significant changes to the Foreign Corrupt Practices Act (FCPA) are low, but some changes may be possible with a pro-business Congress and president. The most likely change would be the introduction of an affirmative defense for effective anticorruption compliance measures. ... Read More