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ARTICLE · 14 JULY 2020

U.S. DOJ And SEC Update Foreign Corrupt Practices Act Guidance

As we have discussed on a number of occasions, the approach taken to investigating and prosecuting financial crime in the United States is significantly different than that taken in Canada.

United StatesCorporate/Commercial Law

As we have discussed on a number of occasions, the approach taken to investigating and prosecuting financial crime in the United States is significantly different than that taken in Canada. In Canada, foreign corrupt practices are largely the purview of federal law enforcement, whereas in the United States, enforcement of similar activity is often undertaken in partnership by capital markets regulators and federal prosecutors. On Friday, July 3, 2020, the U.S. Department of Justice (the "DOJ") and Securities and Exchange Commission (the "SEC"), jointly,  issued the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act (the "Guidance"). The updated Guidance can be found here. The Guidance is a comprehensive manual aimed at helping companies and practitioners navigate the Foreign Corrupt Practices Act ("FCPA"). This is the first update to the Guidance since its publication in 2012.

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