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ARTICLE · 26 MARCH 2019

CFTC Issues Advisory On Self-Reporting Of Foreign Corrupt Practices For Non-Registrants

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The Advisory also signals a new area of interest for the CFTC, which had previously not asserted jurisdiction over violations of the Foreign Corrupt Practices Act.

United StatesFinance and Banking

The Advisory is part of the agency's broader commitment to provide "incentives for companies and individuals to engage in ethical corporate behavior."

On March 6, 2019, the U.S. Commodity Futures Trading Commission ("CFTC") issued an Enforcement Advisory ("Advisory") regarding self-reporting and cooperation for violations of the Commodity Exchange Act ("CEA") involving foreign corrupt practices. In this Advisory, the CFTC's Enforcement Division indicated that it is willing to apply a presumption that it will recommend resolving self-reported violations of the CEA involving foreign corrupt practices without a civil monetary penalty if various conditions are satisfied. However, this Advisory applies only to individuals and entities that are not already registered (or required to be registered) with the CFTC. Individuals and entities that are registered (or required to be registered) with the CFTC are not eligible for the presumption, but will remain eligible for

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