Wiley Rein’s Foreign Corrupt Pratices Act (FCPA) and Anti-Corruption Practice has published an updated FCPA Handbook (Seventh Edition). Since 1977, U.S. companies conducting business with foreign government entities and government officials have had to comply with the FCPA, which prohibits U.S. companies from bribing any foreign official to obtain or retain business.  Companies and individuals found in violation of the FCPA may be subject to substantial fines, imprisonment, and/or forfeiture of property.

The handbook briefly reviews the principal provisions of the FCPA, outlines issues and factors likely to signal FCPA-sensitive situations, and summarizes recent developments that have returned international bribery and corruption to the political spotlight. U.S. companies should rigorously review their FCPA compliance programs and ensure that their overseas branches, subsidiaries, managers and agents are aware of corporate procedures for handling contracts with foreign government entities or involving government officials. A well-conceived compliance program is an essential element for avoiding trouble and, should problems arise, a critical mitigating factor under the corporate sentencing guidelines.

An excerpt of the updated handbook can be read here.

Wiley Rein attorneys are prepared to answer questions on the FCPA and respond to specific corporate compliance concerns and enforcement concerns. For a complete copy of the handbook, or for more information about the FCPA, please contact one of the authors listed on this alert.

To view the 2018 Annual FCPA Mid-Year Review webinar, click here.

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Photo of Laura El-Sabaawi Laura El-Sabaawi

Laura El-Sabaawi represents clients in numerous international trade matters, including antidumping and countervailing duty investigations, export control issues, and sanctions compliance programs, as well as cases involving the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws.

 
lel-sabaawi@wileyrein.com

Photo of Daniel Pickard Daniel Pickard

Dan Pickard counsels U.S. and international clients on the laws and regulations governing international trade, with particular emphasis on import remedy, anti-bribery, national security, and export control issues. He represents and advises clients in matters related to trade remedy investigations (including antidumping, countervailing duty, and safeguard cases), U.S. economic sanctions, export controls, anti-boycott measures, and the Foreign Corrupt Practices Act (FCPA).

dpickard@wileyrein.com

 

Photo of Gregory Williams Gregory Williams

Greg’s practice focuses on complex commercial litigation and arbitration and the Foreign Corrupt Practices Act (FCPA). His diverse experience includes significant commercial litigation involving contractual, business tort, and product liability claims; False Claims Act (FCA) matters; Administrative Procedure Act (APA) issues; intellectual property disputes; international arbitrations; and anti-corruption matters.

Photo of Kevin Muhlendorf Kevin Muhlendorf

Kevin’s practice focuses on securities fraud, defense procurement fraud, and Foreign Corrupt Practices Act (FCPA) matters. As a former Assistant Chief in the Fraud Section of the Criminal Division of the U.S. Department of Justice (DOJ) and Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Kevin has firsthand knowledge and insight into government operations and processes. He relies on his prosecutorial experience to develop thoughtful investigative and trial strategies.