The Foreign Corrupt Practices Act (FCPA) contains two sets of provisions: anti-bribery provisions and accounting provisions. Violations may result in both criminal and civil penalties, including imprisonment, fines, disgorgement, and injunctive relief. The DOJ and SEC have jurisdiction to enforce the FCPA.
More topics in this series
- Statutes and Official Guidance
- 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