DOJ SL SEC Publish Foreign Corrupt Practices Act Guide

摘要

The U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) recently issued their long-awaited joint "Resource Guide to the U.S. Foreign Corrupt Practices Act" (Guide). The 120-page document is of particular interest to ILMA members doing or contemplating business overseas, because it provides practical information and hypotheticals for companies, ranging from small businesses doing their first foreign transaction to large corporations with worldwide operations, on "gray-area" topics, including who is a foreign official, the treatment of gifts, travel and entertainment expenses, facilitating payments, successor liability and third-party vetting. The Guide also discusses factors that DOJ and SEC take into account in deciding whether to take enforcement actions.