In this issue:

- FCPA AT A GLANCE

- THE ANTI-BRIBERY PROVISIONS OF THE FCPA

- TO WHOM THE ANTI-BRIBERY PROVISIONS APPLY

- THE PAYMENT ELEMENT

- THE CORRUPT INTENT ELEMENT

- WHO IS A “FOREIGN OFFICIAL”?

- THE RECORD-KEEPING PROVISIONS OF THE FCPA

- SANCTIONS FOR FCPA VIOLATIONS

- THE NECESSITY OF A HAVING A COMPREHENSIVE FCPA COMPLIANCE PROGRAM

- THE BASICS OF A COMPLIANCE PROGRAM

- DUE DILIGENCE AND THE FCPA

- SUCCESSOR LIABILITY CONCERNS

- WHISTLEBLOWER CONCERNS

- TO DISCLOSE OR NOT TO DISCLOSE?

- THE UK BRIBERY ACT

- CONCLUSION

- CAPABILITIES OF LOCKE LORD

- An excerpt from FCPA AT A GLANCE.

The Foreign Corrupt Practices Act of 1977 (the “FCPA”) was enacted in the wake of Securities & Exchange Commission (“SEC”) investigations in the mid-1970’s during which hundreds of U.S. companies admitted to making hundreds of millions of dollars in questionable or illegal payments to foreign government officials, politicians, and political parties. The FCPA was the government’s attempt to rein in this behavior and, in conjunction with other countries that were passing similar laws, level the playing field of international business.