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The FOREIGN Corrupt Practices Act

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Since 2021, the DOJ has resolved 19 corporate Foreign Corrupt Practices Act enforcement actions.

The “Foreign” in Foreign Corrupt Practices Act refers to the location of the bribe recipient (as in “foreign” non-U.S. officials).

However, the “Foreign” in Foreign Corrupt Practices Act might as well refer to the location of the bribe payor as well – in other words the location of the company resolving the FCPA enforcement.

As highlighted below, of the 19 DOJ corporate FCPA enforcement actions since 2021, 14 of the 19 enforcement actions (74%) have involved foreign companies.

Set forth below are the 19 corporate DOJ FCPA enforcement actions since 2021 along with a general description of the company involved.

  • Trafigura –  a Dutch-registered company with its principal place of business in Switzerland.
  • Gunvor – a Swiss-based energy trading company and a subsidiary of Gunvor Group Ltd., a multinational energy commodities trading company registered in Cyprus.
  • SAP – a global software company headquartered in Walldorf, Germany.
  • Albermarle –  a corporation organized under the laws of Virginia and headquartered in North Carolina.
  • Corficolombiana – a Colombian financial services company that was majority owned and controlled by Grupo Aval Acciones y Valores S.A. – a Colombian holding company
  • Corsa Coal – a corporation headquartered in Pennsylvania.
  • Freepoint Commodities – a commodities merchant with its principal place of business in the District of Connecticut.
  • Tysers Insurance – an international reinsurance broker based in the United Kingdom.
  • H.W. Wood – an international reinsurance broker based in the United Kingdom.
  • Lifecore – a Delaware corporation headquartered in Minnesota.
  • Jardine Lloyd Thompson – an insurance company based in the United Kingdom
  • Glencore – a company headquartered in Switzerland
  • Stericycle – a Delaware corporation headquartered in Illinois.
  • Gol Linhas Aereas – an airline company headquartered in São Paulo, Brazil.
  • ABB – a Swiss-based global technology company.
  • Honeywell – a Delaware corporation headquartered in North Carolina.
  • Safran – an aerospace and defense company headquartered in France.
  • Deutsche Bank – a global investment bank and financial services company headquartered in Frankfurt, Germany.
  • Amec Foster Wheeler – a company incorporated in the United Kingdom.

Query whether there is another U.S. law in which DOJ enforcement actions over the last several years have involved approximately 75% foreign companies (and only approximately 25% U.S. companies)?

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