As highlighted in prior posts here, here, and here, in November 2012 the DOJ and SEC released “A Resource Guide to the Foreign Corrupt Practices Act” (FCPA Guidance). The release was accompanied by DOJ and SEC press releases as well as a press conference.
Today, a Friday of a holiday weekend the DOJ and SEC quietly released a Second Edition of the FCPA Guidance.
Like the original guidance, the Second Edition contains the following qualifications:
“It is non-binding, informal, and summary in nature, and the information contained herein does not constitute rules or regulations. As such, it is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, that are enforceable at law by any party, in any criminal, civil, or administrative matter. […] It does not in any way limit the enforcement intentions or litigating positions of the DOJ, SEC, or any other U.S. government agency.”
Stay tuned to FCPA Professor for additional, in-depth coverage of the Second Edition of the FCPA Guidance.