This post highlights various common sense statements from the Second Edition (nearly all of them appeared in the original Guidance as well – see here) and provides certain commentary.
“[T]he FCPA does not cover every type of bribe paid around the world for every purpose …” (Pg. 13). Even the DOJ and SEC acknowledge that the FCPA is a limited statute. Moreover, the word “bribe” does not even appear in the FCPA. Rather, specific elements must be satisfied for there to be a violation of the FCPA’s anti-bribery provisions.