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.
South Dakota Foreign Corrupt Practices Act - Corporate Policy
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Contrary to common misconception, the FCPA's anti-bribery provisions apply to both public and private companies. The FCPA also has important books and records provisions, which require entities to maintain accurate corporate records in operating their businesses.
The definition of covered persons does not include foreign officials. That is, the FCPA does not criminalize the receipt or acceptance of a bribe regardless of the theory of liability. Foreign officials may be charged for related crimes, such as money laundering.
The FCPA is a federal law, enforced by the U.S. Department of Justice, which prohibits payments, gifts, or even offers of ?anything of value? to a ?foreign official? for the purpose of influencing the official or otherwise ?securing any improper advantage? in obtaining, retaining or directing business.
How is ?foreign official? defined under the FCPA? ?Foreign official? is defined very broadly under the FCPA. It includes all employees of non-U.S. national, state, provincial, and local governments and all their departments and agencies, from high-level officials to the low-level employees.
The FCPA applies to two broad categories of persons: those with formal ties to the United States and those who take action in furtherance of a violation while in the United States. U.S. "issuers" and "domestic concerns" must obey the FCPA, even when acting outside the country.
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 can apply to prohibited conduct anywhere in the world and extends to publicly traded companies and their officers, directors, employees, stockholders, and agents. Agents can include third party agents, consultants, distributors, joint-venture partners, and others.