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.
Pennsylvania Foreign Corrupt Practices Act - Corporate Policy
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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 ...
The FCPA Corporate Enforcement Policy, codified in § 9-47.120 of the Justice Manual, provides that if a company voluntarily self-discloses, fully cooperates, and timely and appropriately remediates, there is a presumption of declination absent certain ?aggravating circumstances involving the seriousness of the offense ...
The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.
DOJ's new policy sets a national standard for evaluating corporate cooperation and offers companies predictability and uniformity in exchange for timely voluntary self-disclosures of misconduct.
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 ...
For example, the FCPA allows certain ?facilitating? or ?expediting? payments to foreign officials in order to expedite or secure non-discretionary, ?routine governmental action.? Examples of this might include routine processing of governmental papers such as visas or work orders, unloading of cargo, mail pick-up and ...
The FCPA prohibits both United States and foreign corporations and nationals from offering or paying, or authorizing the offer or payment, of anything of value to a foreign government official, foreign political party, party official, or candidate for foreign public office, or to an official of a public international ...
The sanctions for FCPA violations can be significant. The SEC may bring civil enforcement actions against issuers and their officers, directors, employees, stockholders, and agents for violations of the anti-bribery or accounting provisions of the FCPA.