By Joseph H. Price, F. Joseph Warren, Daniel J. Plaine, Robert C. Blume, Corinne Lammers, Robert C. Bonner and Thomas E. Holliday
Originally published on April 4, 2002
Any domestic and foreign companies involved in international commercial transactions must understand and appreciate their obligations under the Foreign Corrupt Practices Act, 15 U.S.C. § 78dd-1(a) ("FCPA"), because failure to comply could result in severe criminal and civil penalties. Below are questions frequently asked of the attorneys at Gibson, Dunn & Crutcher LLP as their corporate clients expand into foreign markets.
What is the Foreign Corrupt Practices Act ("FCPA")?
The FCPA prohibits the corrupt giving or offering of anything of value to a foreign official, a foreign political party, official of a foreign political party, or a candidate for foreign political office for the purpose of (a) influencing an official act or decision of that person; (b) inducing a person to do or omit to do any act in violation