The Foreign Corrupt Practices Act - 1320 Words

I. Introduction The Foreign Corrupt Practices Act (â€Å"FCPA†) is the first globally enforcing statute making anti-corruption effort in the world. It has been known for the broad enforcement coverage in terms of the worldwide governing jurisdiction and anti-gaming legislative approach leading to a long time debates and discussions among practitioners and law commentators. This paper will focus on improving one of the undefined and broadly interpreted terms - â€Å"instrumentality† in the anti-bribery provisions of FCPA which essentially serves as the catch-all legislative device to prevent gaming, however, on the other hand, leaving problems in terms of ambiguity in interpretation. This paper will first provide an overview of the FCPA. Second, this paper will explain the global enforcement impact for the multi-national businesses. Thirdly, this paper will discuss the importance and problems of the term â€Å"instrumentality† applied in the anti-bribery provisions of FCPA. The n, this paper will try to identify the essence of â€Å"instrumentality† and its related problems through studying relevant cases. Finally, this paper will offer solutions in order to solve the current problems related to â€Å"instrumentality† interpretation and draw the conclusion. For the purpose of narrowing the focus of this paper, the discussion and analysis will be mainly based on the anti-bribery provisions of FCPA regulating the issuers. II. Overview of FCPA A. Triggering Events of Enacting FCPA Back to 1970s,Show MoreRelatedThe Foreign Corrupt Practices Act1442 Words   |  6 PagesThe Foreign Corrupt Practices Act has been pursued by government agencies recently as the SEC, the FBI, and Department of Justice are cracking down on international business corruption. Companies are working harder at expanding economically in the market by doing business with individuals and other companies in foreign countries. Foreign countries are not always in compliance with US laws and regulations, causing US companies who deal with them issues with compliance on the home front. Because ofRead MoreThe Foreign Corrupt Practices Act1551 Words   |  7 PagesThe foreign Corrupt Practices Act prohibits paying or offering anything of value to foreign officials for the purpose of obtaining or keeping a business. The FCPA was enacted by congress in 1977 due to various reports that were made by the Security and Exchange Commission (SEC). The Security and Exchange Commission (SEC) reported differ ent issues concerning bribery and illegal payments by United Sates companies. The FCPA states that it’s unlawful to make payments to foreign officials; having a corruptRead MoreForeign Corrupt Practices Act :1275 Words   |  6 PagesRunning Head: FOREIGN CORRUPT PRACTICES ACT 1 FOREIGN CORRUPT PRACTICES ACT BUSINESS LAW Katherine Hall-Blair Keiser University FOREIGN CORRUPT PRACTICES ACT 2 FOREIGN CORRUPT PRACTICES ACT In the face of improper payments to officials abroad, the United States introduced the Foreign Corrupt Practices Act (FCPA) of 1977. This act was a pioneer step for the government of the United States to combat illegal bribes by not only U.S. companies, but overseas companiesRead MoreForeign Corrupt Practices Act1207 Words   |  5 PagesFCPA PAPER The Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands. More than 400 U.S. companies admitted to making questionable payments to various foreign governments and political parties as part of an amnesty program (U.S. Department of Justice http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white-collar crimes (e.gRead MoreForeign Corrupt Practices Act :836 Words   |  4 PagesVincent Petraro Foreign Corrupt Practices Act Foreign Corrupt Practices Act was introduced in 1977.It was made effective from December 19, 1977. Foreign Corrupt Practices Act applies to all citizen of United State and certain foreign issuers of security and foreign companies. The Minor changes were made in the year 1988 and in 1998.Foreign Corrupt Practices Act has two main Provision (a)Accounting Transparency under Securities Exchange Commission, 1934. (b)Bribery of Foreign Officials. DepartmentRead MoreThe Foreign Corrupt Practices Act1181 Words   |  5 PagesWhile reading this case analysis, The Foreign Corrupt Practices Act came into discussion as an underlying factor in Weihardt’s decision. The Foreign Corrupt Practices Act was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. This practice applies to Weinhardt in the fact that he was given the opportunity to give Lee a bribe to obtain Lees’ business. If WeinhardtRead MoreThe Foreign Corrupt Practices Act654 Words   |  3 PagesThe Foreign Corrupt Practices Act The Foreign Corrupt Practices Act (FCPA) of 1977 and the corresponding amendments set forth by the Omnibus Trade and Competitiveness Act of 1988 and Amendments of 1998 have tremendous ramifications for U.S. multinational companies at large, their subsidiaries, and foreign partners.   While the main purpose of the original policy was to make it â€Å"unlawful to bribe foreign government officials to obtain or retain business†, the many statutes, their exceptionsRead MoreThe Foreign Corrupt Practices Act1028 Words   |  4 Pagesproblems. Such is the case with the Foreign Corrupt Practices Act - passed with the purpose of keeping companies that do business in the US ethical in their business dealings. The main purpose of the act is to prevent companies from paying bribes to foreign officials, though there are other provisions included. It is only fitting that Wal-Mart, the largest retail store in the United States (2013 Top Global Retailers) has had allegations of wron gdoing related to the act. Wal-Mart was reported to haveRead MoreThe Foreign Corrupt Practices Act Of 19771104 Words   |  5 PagesThe Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands. More than 400 U.S. companies admitted to making questionable payments to various foreign governments and political parties as part of an amnesty program (U.S. Department of Justice http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white-collar crimes (e.g., insider tradingRead MoreEssay On Foreign Corrupt Practices Act1405 Words   |  6 PagesVu Le Vu LGLS 3562 Michael Valenza December 7th, 2017 Foreign Corrupt Practices Act (FCPA) FCPA Background The U.S. Foreign Corrupt Practices Act (the â€Å"FCPA† or the â€Å"Act†) is one of the primary statutes in the U.S. for fighting against corruption around the world. After the Watergate scandals and revelation of widespread corruption and bribery all over the globe by U.S companies, the FCPA was established in 1977 by Congress [1]. Before passing the FCPA, the government found that more than 400 companies