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National Security And The FCPA

FCPAat40

National security, so the narrative goes, is a reason why the U.S. enforces the Foreign Corrupt Practices Act. However, as a matter of law, and seemingly as a matter of practice, national security is a reason not to enforce the FCPA.

After detailing some relevant background information, this post highlights additional information recently revealed about a historical FCPA enforcement action which demonstrates that national security has always been a reason not to enforce (or not enforce to the fullest extent) the FCPA.

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The FCPA Turns 40

FCPAat40

Today our favorite statute, the Foreign Corrupt Practices Act, turns 40.

During this 40th anniversary year, posts will be published regarding various aspects of the FCPA at 40. For posts already published, see here, here and here.

If you have some unique and candid thoughts about the FCPA at 40, please consider submitting a guest post for publication consideration.

President Jimmy Carter’s December 20, 1977 signing statement stated in full as follows.

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On What Makes An FCPA Enforcement Action Important

FCPAat40

Recent posts (here and here) on the FCPA Blog have posed the question: “what’s the most important FCPA case ever” and answer the question, from a corporate enforcement perspective, by referencing big settlement amount cases such as Siemens, Telia, and the many Bonny Island, Nigeria bribery cases.

My own two cents is that from a teaching and compliance take-away standpoint, the large, egregious, no reasonable minds could differ bribery cases such as Siemens, Telia, Bonny Island, etc. are the least important and least instructive.

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