The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.
Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.
Since 1977, the anti-bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment of certain amendments in 1998, the anti-bribery provisions of the FCPA now also apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States.
The FCPA also requires companies whose securities are listed in the United States to meet its accounting provisions. See 15 U.S.C. § 78m. These accounting provisions, which were designed to operate in tandem with the anti-bribery provisions of the FCPA, require corporations covered by the provisions to (a) make and keep books and records that accurately and fairly reflect the transactions of the corporation and (b) devise and maintain an adequate system of internal accounting controls.
For more background information regarding the anti-bribery provisions of the FCPA, please refer to the "Lay Person's Guide", found here. For particular FCPA compliance questions relating to specific conduct, you should seek the advice of counsel as well as consider using the Department of Justice's FCPA Opinion Procedure, found here.
Contact US regarding the FCPA
By Mail
Correspondence relating to the Foreign Corrupt Practices Act (FCPA) may be sent to:
U.S. Department of Justice
Criminal Division
Fraud Section
ATTN: FCPA Coordinator
Criminal Division
Fraud Section
ATTN: FCPA Coordinator
Denis J. McInerney |
Chief, Fraud Section |
Fraud Section Direct Line |
(202) 514-7023 |
Department of Justice Main switchboard |
(202) 514-2000 |
Bond Building, 4th Floor
10th and Constitution Ave. NW
Washington, DC 20530-0001
By Fax
Facsimile - 202-514-7021
- · Foreign Corrupt Practices Act (FCPA)
U.S. Government
Canada
Chile
Germany
France
Hong Kong Special Administrative Region
Republic of Korea
Switzerland
United Kingdom
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FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON, D.C
COMMISSION AWARDS $34 MILLION IN LIBYA PROGRAM
Washington –During its Public Meeting on May 10, 2011, the Commission issued proposed decisions in twenty claims under its Libya Claims Program. Of the twenty claims, nine claims were approved for compensation in the total amount of $34 million, while eleven claims were denied.
The Commission has been authorized to adjudicate claims of U.S. nationals against Libya pursuant to the terms of the Claims Settlement Agreement between the United States of America and the Great Socialist People’s Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Pub. L. 110-301 and Executive Order 13477 dated October 31, 2008, and referred to the Commission by the Department of State by letters dated December 11, 2008 and January 15, 2009 pursuant to 22 U.S.C. 1623(a)(1)(c). The Commission is currently processing claims which qualify under the referrals of December 11, 2008 and January 15, 2009.
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