Global Bribery: The Foreign Corrupt Practices Act

Abstract

Written for a European publication focusing on internal investigations, this piece seeks to introduce the reader to the fundamental elements of the American FCPA, including discussion of available defenses under the statute. Further, this piece discusses some of the collateral considerations that must be made during the investigation of an FCPA matter, particularly given the existence of overlapping anti-bribery provisions in various countries throughout the world and the likelihood of concurrent parallel proceedings both in the United States and abroad during the pendency of any international bribery matter. Finally, this piece offers some thoughts regarding FCPA compliance programs.

Keywords: International Internal Investigations, FCPA, Foreign Corrupt Practices Act, Bribery

JEL Classification: K10, K14, K20, K22, K33, K42