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Statutes and Official Guidance
Foreign Corrupt Practices Act (FCPA) Overview
Anti-Bribery Provisions
Accounting Provisions
Statute of Limitations
Extending the Statute of Limitations
Covered Persons
Issuers and Domestic Concerns
Element: Statutory Jurisdictional Nexus to US
Extraterritorial Applications of the FCPA
Element: Anything of Value
Element: Foreign Officials, Political Parties, and Candidates
Other Recipients Associated with Foreign Officials
“Instrumentalities” of a Foreign Government
Element: Knowledge
Element: Corrupt Intent
Element: Obtain or Retain Business
Exception: Facilitating Payments
Affirmative Defense: Local Law
Affirmative Defense: Promotional or Contract-Related Expenses
Alternative Basis of Liability: Conspiracy Charges
Individual Liability
The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement – A Complete Practical Guide for Practitioners
Foreign Corrupt Practices Act
15 USC § 78dd-1
, Prohibited foreign trade practices by issuers
15 USC § 78dd-2
, Prohibited foreign trade practices by domestic concerns
15 USC § 78dd-3
, Prohibited foreign trade practices by persons other than issuers or domestic concerns
15 USC § 78m
, Periodical and other reports (accounting provisions)
Securities Exchange Act of 1934 Regulations
17 CFR § 240.13a-15
, Controls and procedures
17 CFR § 240.13b2-1
, Falsification of accounting records
17 CFR § 240.13b2-2
, Representation and conduct in connection with the preparation of required reports and documents
Department of Justice
Justice Manual
9-47.000 Foreign Corrupt Practices Act of 1977
Opinion Releases Index by Topic
Department of Justice and Securities & Exchange Commission,
A Resource Guide to the US Foreign Corrupt Practices Act
Second Edition (2020)
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More topics in this series
Foreign Corrupt Practices Act (FCPA) Overview
Anti-Bribery Provisions
Accounting Provisions
Statute of Limitations
Extending the Statute of Limitations
Covered Persons
Issuers and Domestic Concerns
Element: Statutory Jurisdictional Nexus to US
Extraterritorial Applications of the FCPA
Element: Anything of Value
Element: Foreign Officials, Political Parties, and Candidates
Other Recipients Associated with Foreign Officials
“Instrumentalities” of a Foreign Government
Element: Knowledge
Element: Corrupt Intent
Element: Obtain or Retain Business
Exception: Facilitating Payments
Affirmative Defense: Local Law
Affirmative Defense: Promotional or Contract-Related Expenses
Alternative Basis of Liability: Conspiracy Charges
Individual Liability
The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement – A Complete Practical Guide for Practitioners