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It’s A Foreign Corrupt Practices Act World

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The Foreign Corrupt Practices Act was once viewed as “little more than a policy assertion” and a “very difficult if not impossible” law to enforce.

However, the FCPA has ensnarled a wide range of companies that offer products and services that impact and/or improve our daily lives.

In recognition of the FCPA’s 40th anniversary, the over 200 companies that have resolved FCPA enforcement actions are weaved into a fictional story to demonstrate that it truly is a Foreign Corrupt Practices Act world!

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This Week On FCPA Professor

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FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

Continue Reading

This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

Recently, the DOJ announced a China Initiative which has as a component “identify[ing] FCPA cases involving Chinese companies that compete with American businesses.” However, as highlighted in this post identifying Chinese companies that compete with American businesses for FCPA violations conflicts with the OECD Convention.

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Identifying Chinese Companies For FCPA Violations Conflicts With The OECD Convention

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Perhaps it is neither here nor there 40 years later, but the FCPA’s legislative history is clear that Congress enacted the Foreign Corrupt Practices Act motivated primarily by selfish foreign policy reasons, not altruistic do-good reasons. (See here for the article “The Story of the FCPA”).

I was reminded of this when reading this recent DOJ press release announcing its China Initiative. Among the ten specifically identified components of the initiative is the following: “identify Foreign Corrupt Practices Act (FCPA) cases involving Chinese companies that compete with American businesses.”

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