The Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign officials by U.S. companies and their foreign representatives, and requires such companies to maintain accurate books and records. A company can face fines in the tens or hundreds of millions of dollars for FCPA violations. Company employees and agents can also be fined individually (with the company prohibited from paying the fine on behalf of the employee or agent, or reimbursing the employee or agent who pays the fine), and can be imprisoned for up to five years for violating the FCPA.
FCPA prosecutions are often brought by the U.S. Department of Justice or the U.S. Securities and Exchange Commission out of their Washington, D.C. offices. It is important to have lawyers familiar with investigations and prosecutions by these government agencies advise you specifically on the provisions of the FCPA and standard practice under the Act for your company and your business.
On the surface, the FCPA requirements are relatively straightforward: do not bribe foreign officials, and keep accurate records. However, in practice FCPA issues can arise without the obvious signs of improper dealing typically associated with international bribery, and it is important that any company or individual that does business internationally be familiar with the requirements of the Act in order to avoid inadvertent violations.
This website is designed to give corporate counsels and interested lawyers a brief introduction to the FCPA to make you aware of the provisions and requirements of the Act. This website is not intended to provide legal advice or replace seeking counsel from an experienced and practicing FCPA attorney.
