A New Affirmative Defense to the FCPA for Countries Exiting Major Internal Strife

13 Richmond Journal of Global Law and Business 545, 2014

18 Pages Posted: 6 Oct 2014

See all articles by Chris Rohde

Chris Rohde

University of Richmond - School of Law

Date Written: September 25, 2014

Abstract

In 1977, in the wake of the largest political scandal in American history, the U.S. Congress passed the Foreign Corrupt Practices Act (FCPA). Facing the threat of massive fines, the U.S. and U.S.-affiliated companies began pulling back from investing in countries that were perceived as “corrupt.” While this is one of the specific goals of the FCPA, there have also been unintended consequences. In particular, this law has harmed countries that have a history of corruption, but because of some form of major internal strife ending recently, are in the perfect position for U.S. companies to enter their market and positively influence the development of a more transparent market. As no current exception or affirmative defense adequately protects this type of action, this paper proposes a new affirmative defense allowing companies to receive permission to enter these nations with a few restrictions.

Keywords: FCPA, Sudan, Corruption, Bribery, International Law, Business Law, Anti-Bribery, Anti-Corruption

JEL Classification: K22, K23, K33

Suggested Citation

Rohde, Chris, A New Affirmative Defense to the FCPA for Countries Exiting Major Internal Strife (September 25, 2014). 13 Richmond Journal of Global Law and Business 545, 2014, Available at SSRN: https://ssrn.com/abstract=2504849

Chris Rohde (Contact Author)

University of Richmond - School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
53
Abstract Views
508
rank
447,846
PlumX Metrics