US corporate bribery offences

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The US Foreign Corrupt Practices Act (FCPA)

One of the most stringent international anti-corruption regimes which companies need to consider is the US regime under the Foreign Corrupt Practices Act (FCPA). The FCPA bribery provisions apply to 'issuers', 'domestic concerns' and 'persons other than issuers or domestic concerns'. The legislation has global reach.

It prohibits the corrupt payment of money or 'anything of value' to a 'foreign official' in order to 'obtain or retain business'. Things of value include excessive travel or entertainment expenses, a promise of future employment or any gifts which are intended to obtain or retain business.

Practice Note: US Foreign Corrupt Practices Act (FCPA) provides an introduction to the FCPA and issues related to its applicability. It provides best practices guidance for how your companies trading in the US can comply with the FCPA, including the creation and implementation of an effective anti-corruption compliance program. Also included is information about FCPA enforcement trends.

US and UK corporate bribery liabilities and enforcement action

It is very common for multiple government agencies, across multiple jurisdictions to investigate one matter. At the outset of an investigation,

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