The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to conduct illegal business. The FCPA prohibits payments to foreign officials to corruptly influence an official act or decision or to influence a foreign government. The primary purpose of criminal law is to compensate victims .
What was the primary purpose of the FCPA?
The FCPA has two primary provisions: (1) an anti-bribery provision which makes it unlawful for a U.S. company or citizen, and certain foreign issuers of securities, to make a corrupt payment to a foreign official for the purpose of obtaining or retaining business and (2) an accounting provision which requires companies ...
What is the purpose of the Foreign Corrupt Practices Act quizlet?
A US law passed in 1977, which prohibits US firms and individuals from paying bribes to foreign officials in light of a business deal . There is no minimum for punishment of a bribery payment. You just studied 8 terms!
What is the main provision of the FCPA quizlet?
The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.
What is the FCPA quizlet?
The Foreign Corrupt Practices Act (FCPA) is a United States law passed in 1977 that prohibits U.S. firms and individuals from paying bribes to foreign officials in furtherance of a business deal . The FCPA places no minimum amount for a punishment of a bribery payment. You just studied 9 terms! 1/9.
Who is considered a FCPA covered person?
Who Is Covered by the FCPA? The FCPA applies to two broad categories of persons: those with formal ties to the United States and those who take action in furtherance of a violation while in the United States. U.S. “issuers” and “domestic concerns” must obey the FCPA, even when acting outside the country.
What are the 5 elements of FCPA?
The FCPA makes it a crime to: 1) make a payment of, offer or promise to pay, or authorize a payment of money or anything of value , directly or indirectly; 2) to any foreign official, politician, party official, candidate for office; 3) with a corrupt intent; 4) for the purpose of influencing one of these person’s ...
What is the essence of the Foreign Corrupt Practices Act?
The Foreign Corrupt Practices Act (FCPA), enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business .
What does the Foreign Corrupt Practices Act do?
Under the Foreign Corrupt Practices Act (FCPA), it is unlawful for a U.S. person or company to offer, pay, or promise to pay money or anything of value to any foreign official for the purpose of obtaining or retaining business .
Why are trade secrets protected quizlet?
Trade secret protection is automatic once information is created . You just keep it secret. A key to the protection of a trade secret is the efforts of the owner to keep it a secret. Trade secrets are lost easily because, while you may have recourse against the leaker, your rights are lost.
Does FCPA apply to US officials?
As a general principle of the Foreign Corrupt Practises Act (FCPA), in the United States, firms and businesses in the US are prohibited from making any payments to foreign officials for routine governmental action .
Does FCPA allow grease payments?
The idea of a grease payment, which is legal under the FCPA , is to smooth the process. In practice, an agent in another country may ask you for additional money to process paperwork. According to FCPA Compliance and Ethics Report, the grease payment is generally paid to a lower level worker to grant the license.
When can a sourcing offshore a buyer?
When sourcing offshore, a buyer: must have extensive knowledge and analysis of the country . A supplier’s ability to be competitive is influenced by the overall competitiveness of the country. Embarking on a global sourcing strategy requires a level of country knowledge and analysis beyond that for a domestic supplier.
What is FCPA corrupt intent?
The FCPA prohibits payments made with “Corrupt Intent,” which includes intent to secure an improper competitive advantage; influence a foreign official in his official capacity; induce a foreign official to violate the law; or induce a foreign official to use their influence to assist in obtaining or retaining business ...
Which of the following describes the Foreign Corrupt Practices Act FCPA )?
Which of the following describes the Foreign Corrupt Practices Act (FCPA)? Firms are prohibited from offering bribes to foreign firms to obtain business.
In which two ways does the FCPA address the problem of international corruption?
The FCPA, 15 U.S.C. §78dd-1, addresses the problem of international corruption in two key ways: First, the anti-bribery provisions prohibit individuals and businesses from bribing foreign government officials to obtain or retain business , and.
