Virgin Islands Foreign Corrupt Practices Act - Corporate Policy

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Multi-State
Control #:
US-TC0814
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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.

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FAQ

We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever in the country we operate. 2.2 [COMPANY NAME] will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate.

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 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 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 ...

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 ...

A. The FCPA makes it unlawful to bribe a foreign official to gain an improper business advantage. An improper business advantage may involve efforts to obtain or retain business, as in the awarding of a government contract, but also can involve regulatory actions such as licensing or approvals.

Examples of prominent anti-corruption laws include the following: federal bribery of public officials and witnesses; the Foreign Corrupt Practices Act; the Hobbs Act; and the federal mail and wire fraud statutes.

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 ...

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Virgin Islands Foreign Corrupt Practices Act - Corporate Policy