International Anti-Corruption Law Research Guide

The Foreign Corrupt Practices Act of 1977 (FCPA) governs U.S. corporations, businesses, and individuals in their dealings with foreign companies. Researchers often have to compare what are the requirements under the FCPA to what is required under international and foreign laws. For a concise overview and legislative history of the FCPA, see this section of the Department of Justice ’s website.

Resources

Bloomberg Law practice page gathering primary and secondary sources related to the FCPA, including links to collected FCPA enforcement actions brought by the DOJ and SEC.

Designing an Effective FCPA and Anti-Bribery Compliance Program continues to offer a practical guide for compliance professionals and counsel to use in building a sound compliance program and reducing the risk of FCPA and anti-bribery violations. Features of this 2022-2023 Edition include:
• This edition, written by a former federal prosecutor with extensive international experience who focused on anticorruption work, is written to reflect the perspective and decisionmaking frameworks of U.S. prosecutors.
• The volume tracks recent guidance on compliance programs from the DOJ and the SEC, including new enforcement guidance from the DOJ under the Biden Administration.
• The volume focuses on “compliance advocacy”—providing the lawyer or compliance professional with the tools needed to communicate, persuade, and effect change within an organization.
• Each chapter addresses current considerations relating to foreign and international enforcement—including legal frameworks, compliance guidance, and enforcement environments.
• The volume has been reviewed for changes in the law and recent enforcement activity and updated as appropriate.

Doing business overseas means learning new ways of negotiating. It also means understanding when an accepted and even expected “gift” to the other party will be considered a bribe under the U.S. Foreign Corrupt Practices Act (FCPA). The new second edition of Doing Business Under the Foreign Corrupt Practices Act gives you that vital legal and procedural information. This comprehensive reference helps you to:
• Develop internal compliance programs that detect and prevent illegalities
• Spot cautionary “red flags” and sidestep potential legal pitfalls in planned business steps
• Draft compliant business agreements and contracts using included model contract provisions
• Satisfy FCPA’s complicated accounting standards, and
• Avoid RICO violations, wire and mail fraud, and other legal missteps.

This book provides an in-depth analysis of the FCPA and significantly expands upon the first with critical updates reflecting the latest developments of the Act; a broader and more expansive analysis of the FCPA, including those aspects that relate directly to Sarbanes-Oxley; and a detailed analysis of the debarment practices associated with the anti-corruption policies of the World Bank Group.

Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

With its comprehensive analysis of potential FCPA liabilities and sound practical suggestions as to how to deal with them, this book is a very valuable asset for both unseasoned and seasoned FCPA practitioners. Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation. The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

The Foreign Corrupt Practices Act (FCPA) has emerged as a top concern for companies doing business in the global marketplace. This book is the first of its kind given its comprehensive and provocative coverage of the FCPA and its many related legal and policy issues. In The Foreign Corrupt Practices Act in a New Era, Professor Koehler dissects the FCPA’s new era and confronts the FCPA statutory text, legislative history, judicial decisions, enforcement agency guidance, and resolved FCPA enforcement actions. Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the “world’s most ethical FCPA violators,” “the façade of enforcement” the “three buckets” of FCPA financial exposure, “FCPA Inc. and the business of bribery,” and the “offensive use” of the FCPA.

Released by the Department of Justice and the Securities and Exchange Commission, A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition, is a detailed compilation of information and analysis regarding the Foreign Corrupt Practices Act (FCPA) and related enforcement. It is the product of extensive efforts by experts at DOJ and SEC and has benefited from valuable input from the Departments of Commerce and State. The Guide endeavors to provide helpful information to the public, including practitioners and enterprises of all shapes and sizes—from small businesses transacting abroad for the first time to multinational corporations with subsidiaries around the world.

In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: “you just don’t bribe.” The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.

Corporate Practice Portfolio Series No. 104, The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance, analyzes the key elements of the statute that prohibits bribery of non-U.S. public officials and sets standards for recordkeeping and internal controls at corporations that are publicly traded in the U.S. The portfolio begins with a discussion of the origins of the FCPA and then describes the scope and elements of the Act’s two major provisions, the anti-bribery prohibition and the accounting and internal control requirements.