This document is a detailed compilation of information about the Foreign Corrupt Practices Act (FCPA), its provisions, and enforcement. It is the product of extensive efforts by experts at the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC), in addition to input from the Departments of Commerce and State.
The guide addresses a wide variety of topics, including who and what is covered by the FCPA’s anti-bribery and accounting provisions; the definition of a “foreign official”; what constitute proper and improper gifts, travel and entertainment expenses; the nature of facilitating payments; how successor liability applies in the mergers and acquisitions context; the hallmarks of an effective corporate compliance program; and the different types of civil and criminal resolutions available in the FCPA context.