The Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq. (FCPA), makes it illegal to make payments to foreign government officials to assist in obtaining or retaining business. The FCPA specifically prohibits a person or company from making a bribe to a foreign official to influence that official to violate his or her lawful duties or to secure an improper advantage in obtaining or retaining business. The FCPA applies to all U.S. persons and businesses, as well as foreign persons or businesses that cause an act related to a bribe to occur in the U.S. or its territories.

In May 2011, an amendment to the Chinese Criminal Law took effect that criminalizes paying bribes to foreign government officials and officials of international public organizations. The amendment, which is modeled after the United Nations Convention Against Corruption, contains the following language...