This is a corporate policy document designed to meet the standards of the Foreign Corrupt Practices Act, a provision of the Securities and Exchange Act of 1934. FCPA generally prohibits payments by companies and their representatives to foreign (i.e., non-U.S.) government and quasi-government officials to secure business.
New York Foreign Corrupt Practices Act - Corporate Policy
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GAO has found that the Act has brought about substantial changes in business activities which should strengthen corporate accounting controls and reduce illegal payments made to foreign officials.
Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a ...
Companies and individuals found guilty of violating the FCPA's accounting provisions can also be subject to criminal fines, disgorgement, civil penalties and other sanctions.
Extraterritorial Jurisdiction Under the FCPA The FCPA applies broadly to numerous categories of US and non-US persons and businesses, and in many cases can give rise to liability even where the corrupt act takes place entirely or mostly outside the United States.
The FCPA Corporate Enforcement Policy created a presumption that, absent any aggravating circumstances, DOJ will decline to take any enforcement action against companies if they: (i) voluntarily self-disclose criminal conduct to DOJ; (ii) fully cooperate with DOJ's investigation; and (iii) take timely and appropriate ...
Under the Foreign Corrupt Practices Act (FCPA), it is unlawful for a U.S. person or company to offer, pay, or promise to pay money or anything of value to any foreign official for the purpose of obtaining or retaining business.
The FCPA contains two sets of provisions geared toward battling bribery abroad. First, the FCPA's anti-bribery provisions prohibit companies (both private and public) and individuals from paying or promising to pay foreign officials anything of value with the corrupt intent of obtaining or retaining business.
The FCPA prohibits bribes to Non-US Public Officials (directly or indirectly) and mandates maintenance of accurate financial records.