Banning Bribes Abroad: U.S. Enforcement of the Foreign Corrupt Practices Act

Osgoode Hall Law Journal, Vol. 53, No. 1, Forthcoming

Osgoode Legal Studies Research Paper No. 7/2016

41 Pages Posted: 19 Oct 2015 Last revised: 12 Jan 2016

Date Written: October 19, 2015

Abstract

The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act (FCPA). Over the past decade, US enforcement of the FCPA has surged - both in increased numbers of enforcement actions and through the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. On one hand, extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad. At the same time, three aspects of FCPA enforcement shape and constrain the broader goals of global anti-corruption governance in ways that limit effective governance practices and meaningful anti-corruption reform in the global economy: the narrow conception of corruption upon which the FCPA is based; the strategic trade frame which underlies the FCPA’s internationalization; and the legitimacy problems these suggest.

Keywords: Foreign Corrupt Practices Act, Transnational Bribery, Anti-Corruption, Extraterritorial Jurisdiction, Enforcement, Global Governance

JEL Classification: K00, K10, K29, K42

Suggested Citation

Gutterman, Ellen, Banning Bribes Abroad: U.S. Enforcement of the Foreign Corrupt Practices Act (October 19, 2015). Osgoode Hall Law Journal, Vol. 53, No. 1, Forthcoming; Osgoode Legal Studies Research Paper No. 7/2016. Available at SSRN: https://ssrn.com/abstract=2676085 or http://dx.doi.org/10.2139/ssrn.2676085

Ellen Gutterman (Contact Author)

York University ( email )

2275, avenue Bayview
Toronto, Ontario M4N 3M6
Canada

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