Foreign Corrupt Practices Act Has "No Shortage of Challenges"

May 17, 2017

The Foreign Corrupt Practices Act (FCPA) turns 40 this year and the “ambitious” attempt to deter corruption in international business dealings is “reviled by more than a few” writes Forbes.

The future of the FCPA may be up for debate as “President Trump has publicly criticized the Act, [but] Attorney General Jeff Sessions recently reiterated the Department of Justice’s (DOJ) continued commitment to enforce the FCPA, including a continuation of the prior administration’s focus on prosecuting individuals and encouraging self-disclosure.”

Regardless, experts say that FCPA enforcement could change – notably the administration could subject foreign entities to “greater scrutiny” and U.S. companies with strong compliance programs may receive greater deference when the DOJ and Securities and Exchange Commission exercise prosecutorial discretion.