Insights & News
© 2016 Debevoise & Plimpton LLP
U.S. Enforcement Agencies Issue Extensive New FCPA Guidance
15 November 2012
On November 14, 2012, the U.S. Department of Justice and the Securities and Exchange Commission issued
A Resource Guide to the U.S. Foreign Corrupt Practices Act
, which provides the views of the U.S. enforcement agencies on a wide range of FCPA issues of significant concern to the global business community.
The issues addressed by the
include the jurisdictional reach of the FCPA; the meaning of “foreign official” and “government instrumentality;” the treatment of business hospitality and gifts; successor liability in mergers and acquisitions; the principles that govern enforcement decisions, including self-reporting, cooperation and remediation; the elements of effective compliance programs; and reporting obligations under the Sarbanes-Oxley Act.
is non-binding, prosecutors and regulators likely will rely heavily on it when making decisions regarding the application of the FCPA, and companies should consider its guidance when reviewing and implementing their anti-corruption policies, internal controls and compliance programs.
White Collar & Regulatory Defense
Bruce E. Yannett
Mark P. Goodman
James E. Johnson
View More Authors
Debevoise Publishes Spring 2016 Edition of UK, US and Hong Kong Banking Litigation, Regulatory and Competition Law Update
UK Getting More Serious About Sanctions
FinCEN Proposes Subjecting Funding Portals to BSA-AML Obligations
Partner Jim Pastore Recognized in
’s Incident Response 30