The FCPA and foreign officials

Whether you run a company that conducts business overseas or you have a high-profile position that has placed you abroad, it is important to understand the ins and outs of the Foreign Corrupt Practices Act (FCPA) if you are facing charges related to FCPA violations.

These are serious charges that carry harsh penalties, such as years behind bars and significant financial consequences.

Examples of foreign officials under the FCPA

According to material published on the Federation of American Scientists’ site, the FCPA classifies a number of people as foreign officials. The anti-bribery provisions in this act apply to foreign government employees, regardless of their status. However, these laws also apply to other types of workers, such as foreign political candidates and party members and those who work for a public international organization. In fact, those employed by a government-run energy firm or hospital are also considered foreign officials under the FCPA, in some instances.

Who do the anti-bribery provisions of the FCPA apply to?

The anti-bribery provisions found in the FCPA apply to different types of people and organizations, such as U.S. residents, citizens and firms, as well as companies that report to the SEC. Foreign entities involved in corruption within the U.S. are also covered as well as people who act on behalf of these entities, such as stockholders, officers and directors. If you are the target of an FCPA investigation, make sure you understand all options on the table.

 

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