The Foreign Corrupt Practices Act Guidance rightly notes that “the FCPA does not cover every type of bribe paid around the world for every purpose.”
Among other limitations, the FCPA’s anti-bribery provisions require the existence of a “foreign official” and the FCPA’s books and records and internal control provisions apply only to issuers.
Moreover, the FCPA is a supply-side statute and does not capture the demand-side of bribery (i.e. the foreign officials who received the bribes, see U.S. v. Castle).
Two enforcement actions announced by the DOJ earlier this week demonstrate these points and how the U.S. government’s fight against bribery and corruption is broader than just the FCPA.