DOJ and SEC Provide Foreign Bribery Enforcement Guidance

November 14, 2012

November 14, 2012

Issue: On November 14, 2012, the Criminal Division of the DOJ and the Enforcement Division of the SEC released FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act (“the Guide”).

Why You Should Care: This marks the first time DOJ and the SEC have issued such joint guidance in the history of the FCPA. The Guide is a comprehensive document -- spanning 120 pages and addressing many key subjects, including the key elements of both the anti-bribery and the accounting provisions, related U.S. laws, DOJ and SEC enforcement principles, recommendations for FCPA compliance policies and procedures, available penalties and types of resolutions, and applicable whistleblower protections. The Guide is available online here. This publication was prompted in part by the Organisation for Economic Co-operation and Development’s recommendation that “consolidating publicly available information on the application of the FCPA and enhancing awareness among small- and medium-sized companies about the prevention and detection of foreign bribery” could enhance the United States’ anti-bribery efforts. To that end, the Guide provides a comprehensive collection of statutory provisions, past cases, settlements, opinions, and illustrative hypotheticals.

If You Want Further Analysis: An analysis of this guidance can be found here. If you have any questions about the guidance, please contact a member of our FCPA practice, which includes: Richard Grime, Jeremy Maltby, Dan Bookin, Greta Lichtenbaum, Dan Shallman, Howard Heiss, Melissa Jackson, and Beth France.

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