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Click "HERE" to read the Foreign Corrupt Practices Act ( 15 USC § 78DD–1 )
Click "HERE" to read the Foreign Corrupt Practices Act ( 15 USC § 78DD–2 )
Click "HERE" to read the Foreign Corrupt Practices Act ( 15 USC § 78 m)
15 USC § 78DD–1 - PROHIBITED FOREIGN TRADE PRACTICES BY ISSUERS
It shall be unlawful for any issuer which has a class of securities registered pursuant to section 78l of this title or which is required to file reports under section 78o (d) of this title, or for any officer, director, employee, or agent of such issuer or any stockholder thereof acting on behalf of such issuer, to make use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to—
(1) any foreign official for purposes of—
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The U.S. Foreign Corrupt Practices Act of 1977 ("FCPA") generally prohibits U.S. companies and citizens, foreign companies listed on a U.S. stock exchange, or any person acting while in the United States, from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official to obtain or retain business (the “Antibribery Provisions”).
The FCPA also requires “issuers” (any company including foreign companies) with securities traded on a U.S. exchange or otherwise required to file periodic reports with the Securities and Exchange Commission (“SEC”)) to keep books and records that accurately reflect business transactions and to maintain effective internal controls (the “Books and Records and Internal Control Provisions).
The FCPA is jointly enforced by the Department of Justice (“DOJ”) and the SEC. Proof of a U.S. territorial nexus is not required for the FCPA to be implicated against U.S. companies and citizens, and FCPA violations can, and often do, occur even if the prohibited activity takes place entirely outside of the United States For this reason, business leaders must be knowledgeable about all business activity, including activity that takes place thousands of miles away from corporate headquarters.
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