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FCPA covers involvement in the offer or payment or giving of anything of value to foreign: officials; political parties or candidates with the intention of influencing that person's decision or gaining improper advantage. The definition of foreign officials is particularly broad. What's more, the FCPA looks at the intent of the action - even the offer or promise of payment may be considered to be a violation, along with offers or payments that do not achieve their intended (corrupt) result.
Who is covered?
- US listed companies and their subsidaries
- US citizens, nationals or residents
This even includes corrupt offers or payments made entirely outside the US
- Foreign companies or individuals causing any act in relation to corrupt payments to be made within the US. (This could include travel via the US, and communications through the US)
How can we help?
- Analysis of companies' anti-corruption and procurement policies
- There are specific payments that are allowed under the FCPA
- Business intelligence - ideally performed as part of due diligence procedures before formalising any business relationship or dealings, but can also be performed retrospectively if problems or suspicions arise.
- Analysis of expected payment or actual benefit arising from any offer or actual corrupt payment. (Note that fines of up to twice the level of benefit sought may be issued under the Alternative Fines Act.)
Contact us for more information. |
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