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The Foreign Corrupt Practices Act: An Overview


The Foreign Corrupt Practices Act (“FCPA”) is a federal statute that makes it unlawful for companies to pay foreign government officials for the purpose of obtaining or maintaining business. Put more bluntly, it prohibits companies and individuals from bribing foreign officials to get work.

In addition, although more “famous” for prohibiting bribery, a second component of the FCPA, generally known as the accounting provisions, requires companies to maintain accurate records and have sufficient internal controls.

This overview will focus on the “anti-bribery” provisions because they garner the most attention, although the accounting provisions should be considered in every case.

This white paper summarizes some of the key points, considerations, and factors when faced with a “Foreign Corrupt Practices Act” matter. As with any overview, this one is not designed to answer the specifics of a particular case. Indeed, specific legal advice should be sought if you or your company is confronted with a Foreign Corrupt Practices Act matter.

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