Foreign Corrupt Practices Act (FCPA)

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Enacted in 1977, the Foreign Corrupt Practices Act (FCPA) makes it illegal for U.S. citizens, U.S. companies, and certain foreign companies to bribe a foreign government official in order to obtain or retain business. Since the FCPA was enacted, trade’s importance to the U.S. economy has significantly increased with exports now at approximately $2.5 trillion in 2018. Read More...

Unfortunately, the FCPA has not evolved to reflect these changes in the global economy. Despite the law’s good intentions, FCPA enforcement practices have created major uncertainty for American businesses who now face civil and criminal penalties for conduct they are either unaware of, or is the result of a single employee’s inappropriate actions.

The Department of Justice (DOJ) has put in place a new FCPA compliance program policy that rewards companies that develop and maintain compliance programs that are designed to deter and detect violations. Even further, the compliance program allows companies to disclose wrongdoings to potentially avoid criminal charges if reported in a timely manner.

ILR’s goal is to encourage other agencies to follow the DOJ’s example on compliance enforcement policies, and ensure that U.S. companies face greater certainty and predictability when it comes to complying with the FCPA.

Suggested Resources

  • DOJ's New Threshold for

    DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions

    May 26, 2016

    This paper examines the recent release of the Yates Memo, changes to the U.S. Attorneys' Manual (USAM), and the complicated landscape for business compliance and cooperation. Read More

  • ILR Research Review - Fall 2017

    ILR Research Review - Fall 2017

    November 30, 2017

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe. Read More

All Results for Foreign Corrupt Practices Act (FCPA)

  1. In the News Today - November 1, 2013

    November 01, 2013 | News and Blog

    A New York lawyer testified that he wanted 'no part' of a lawsuit against Chevron after finding out about ethical violations by the plaintiffs' team.... Read More

  2. In the News Today - October 31, 2013

    October 31, 2013 | News and Blog

    The National Geographic Society is reportedly under investigation for possible FCPA violations in Egypt surrounding its dealings with an Egyptian archaeologist who served as a gatekeeper to the country's antiquities... Read More

  3. In the News Today - October 30, 2013

    October 30, 2013 | News and Blog

    An anticipated settlement between JPMorgan and the Department of Justice is at risk of collapsing, according to people familiar with the talks.... Read More

  4. Legal Reformers Must Act to Heal the Lawsuit System

    October 23, 2013 | News and Blog

    By being proactive and persistent, we can achieve a healthy lawsuit system.... Read More

  5. In the News

    September 18, 2013 | News and Blog

    The world's biggest litigation funder, Burford Capital, announced a 41% increase in operating income from last year. Burford also disclosed it currently has $266 million invested in 29 litigation financing operations.... Read More

  6. George J. Terwilliger, III, and Matthew Miner on Federal Regulatory and Prosecution Policies

    October 26, 2012 | Video | Watch

  7. Legal Limbo: Seeking Clarity in How and When the Department of Justice Declines to Prosecute

    October 24, 2012 | Research

    This paper addresses the need for change and improvement in the process by which the Department of Justice ("DOJ" or "the Department") notifies subjects of its investigations that matters have been closed with no prosecution and in how the Department documents publicly the generic reasons behind these decisions.... Read More

  8. Restoring Balance: Proposed Amendments to the Foreign Corrupt Practices Act

    October 27, 2010 | Research

    This paper presents a series of amendments that would serve to improve the U.S. Foreign Corrupt Practices Act ('FCPA'). That statute was enacted by Congress and signed into law by President Carter in late 1977. Congress's primary aim in enacting the FCPA was to prohibit U.S. companies and companies operating in the U.S. from paying bribes to foreign government officials, politicians, and political parties for the purpose of obtaining business opportunities abroad.... Read More