US corporate bribery offences

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: FCPA—who it applies to and what it prohibits (US) explains what the FCPA is, to whom it applies and how companies trading in the US will be affected by it.

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, consideration should be given to which agencies are known to be involved, and which could become involved in the future. Government agencies can and