The FCPA prohibits offers, payments, and promises made in order to assist “in obtaining or retaining business for or with, or directing business to, any person.” The business nexus element pertains not only to the award of new business or the continuation or expansion of existing business, but also includes official government acts that indirectly lower the costs of doing business, giving the payor a competitive advantage.1 Examples include payments made to obtain the repeal of regulations, expedited or favorable discretionary approvals, and reductions in taxes and fees.2
1 United States v. Kay, 359 F.3d 738, 759 (5th Cir. 2004).
2 Id. at 738, 759, 761 (5th Cir. 2004); see also DOJ & SEC, A Resource Guide to the U.S. Foreign Corrupt Practices Act Second Edition 12 (2020).