The FCPA is enforced by the DOJ and SEC.  The DOJ is responsible for criminal enforcement of the statute and for civil enforcement of the statute with respect to non-issuers.  Within the DOJ, the FCPA Unit of the Fraud Section is typically responsible for FCPA-related actions.  The Justice Manual states, “No investigation or prosecution of cases involving alleged violations of the antibribery provisions of the Foreign Corrupt Practices Act . . . or of related violations of the FCPA’s record keeping provisions . . . shall be instituted without the express authorization of the Criminal Division.”1

The SEC’s responsibility for civil enforcement of the FCPA is limited to issuers and associated persons.  The DOJ and SEC typically coordinate their actions in investigating matters related to the FCPA.2

1 DOJ, Justice Manual 9-47.110.

2 DOJ & SEC, A Resource Guide to the U.S. Foreign Corrupt Practices Act Second Edition 3-4 (2020).

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