{"id":5337,"date":"2021-07-29T14:58:49","date_gmt":"2021-07-29T18:58:49","guid":{"rendered":"https:\/\/diaztradelaw.com\/?page_id=5337"},"modified":"2023-05-01T08:32:43","modified_gmt":"2023-05-01T12:32:43","slug":"foreign-corrupt-practices-act-fcpa-compliance","status":"publish","type":"page","link":"https:\/\/diaztradelaw.com\/services\/exporting\/foreign-corrupt-practices-act-fcpa-compliance\/","title":{"rendered":"Foreign Corrupt Practices Act (FCPA) Compliance"},"content":{"rendered":"
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Under\u00a0U.S. anti-bribery laws<\/a>, U.S. citizens, nationals, residents, and businesses are prohibited from giving a corrupt payment to a foreign government official for the purpose of influencing a decision of the official in his or her official capacity. Specifically, a \u201ccorrupt payment\u201d is the payment of money or an offer or promise to give\u00a0anything<\/em>\u00a0of value to influence the official in his or her official capacity, to influence the official to violate his or her lawful duty, or to seek an improper advantage.\u00a0Under the law<\/a>, even making an offer of payment, as long as it is made with the intent to influence, obtain improper advantage, or induce improper influence, is all that is required for a violation. Even if the official refuses to accept the benefit, or accepts the benefit but does not take the desired action, it is still a violation. The anti-bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. The anti-bribery provisions of the FCPA also apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a\u00a0corrupt payment<\/a>\u00a0to take place within the territory of the United States.<\/p>\n

There are\u00a0limited exceptions<\/a>\u00a0for common business practices, however. For example, paying the costs of a foreign official to travel to a plant for a plant visit may be legal. In addition, certain payments transmitted as part of a routine government action may be allowed. Because the exceptions are extremely limited, companies should be proactive to investigate whether such payments could violate U.S. anti-bribery laws. The SEC and DOJ jointly publish an\u00a0FCPA resource guide<\/a>\u00a0that further explain FCPA standards.<\/p>\n

Building a Strong FCPA Program<\/strong><\/em><\/p>\n

Does your business have a strong FCPA compliance program? Or does the strength of your FCPA compliance program need to be reviewed and audited?<\/p>\n

Diaz Trade Law, P.A. offers a number of services pertaining to FCPA compliance, including:<\/p>\n