Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

What is the Foreign Corrupt Practices Act?
Gun Rights Examiner ^ | 21 January, 2010 | David Codrea

Posted on 01/21/2010 8:11:21 PM PST by marktwain

Earlier today, we looked at the arrest of company executives and employees attending the SHOT Show in Las Vegas for violations of the Foreign Corrupt Practices Act (FCPA).

The what?

The Department of Justice has posted a "Lay-Person's Guide" on its website. Now would be a good time to review some of the highlights:

The FCPA makes it unlawful to bribe foreign government officials to obtain or retain business. With respect to the basic prohibition, there are five elements which must be met to constitute a violation of the Act:

A. Who -- The FCPA potentially applies to any individual, firm, officer, director, employee, or agent of a firm and any stockholder acting on behalf of a firm. Individuals and firms may also be penalized if they order, authorize, or assist someone else to violate the antibribery provisions or if they conspire to violate those provisions...

B. Corrupt intent -- The person making or authorizing the payment must have a corrupt intent, and the payment must be intended to induce the recipient to misuse his official position to direct business wrongfully to the payer or to any other person...

C. Payment -- The FCPA prohibits paying, offering, promising to pay (or authorizing to pay or offer) money or anything of value.

(Excerpt) Read more at examiner.com ...


TOPICS: Constitution/Conservatism; Extended News; Foreign Affairs; News/Current Events
KEYWORDS: arrest; banglist; examiner; foreign; shotshow
Is it just being enforced now, against gun manufacturers?
1 posted on 01/21/2010 8:11:21 PM PST by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

Enforcement has always been rather selective, since a case is hard to prove: there is the requirement of a “corrupt intent,” which means that just handing someone some cash doesn’t automatically make you a crook.

The FCPA DOES put American companies at a distinct disadvantage as compared to say the French when it comes to making deals with African or Arab governments.


2 posted on 01/21/2010 8:25:01 PM PST by Redbob (Pray for Pres. Obama...Psalm 109, v.7)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Redbob

Those of us who worked overseas for US companies had to sign statements every year that we hadn’t violated this act.
That was to protect the higher ups.
The act came about after the bribery of the Prime Minister of Japan, Tanaka was paid off by Lockheed to purchase Lockheed aircraft. Tanaka signed a famous receipt for 14 “peanuts”.


3 posted on 01/21/2010 8:34:28 PM PST by Oldexpat
[ Post Reply | Private Reply | To 2 | View Replies]

To: marktwain

3 or 4 years ago DOJ announced a greater emphasis on and more resources devoted to FCPA enforcement.


4 posted on 01/21/2010 8:50:12 PM PST by SirJohnBarleycorn
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson