Part 2 Section F.3.2. Influence of Government and Regulations on Ethical Business Practices 企業の倫理的行動への法規制の影響

Foreign Corrupt Practices Act (FCPA) 米国海外腐敗行為防止法

Anti-Bribery Provision

The FCPA prohibits payments to foreign officials, politicals, politicians, or political parties to obtain or renew business.

The anti-bribery provisions apply to three categories of persons and entities:

  1. Issuers of public-traded securities and their stakeholders
  2. Domestic concerns and their stakeholders
  3. Certain persons and entities acting while in the territory of the United States

One Exception

  • The routine governmental action exception
    • small payment
    • non-discretionary routine governmental action
    • facilitating payments

Two Affirmative Defenses

  • If the payment is lawful under the written laws and regulations of the country.
  • If the payment is a reasonable and bona fide expenditure

Accounting Provision

The accounting provisions apply to three categories of persons and entities:

  1. Every issuers of securities whose securities traded on a national securities exchange in the United States.
  2. Companies whose stock trades in the over-the-counter market in the U.S.
  3. Any entity that is required to file annual or periodic reports with the SEC.

U.K. Bribery Act

  • not only payments but also extra benefit
  • apply to
    • British residents
    • businesses
    • foreign companies
  • have operations in the U.K.
  • regardless of where the offense is committed even if the bribe itself has no connection with the U.K.

Difference between the U.S. FCPA and the U.K. Bribery Act

applicationforeign officials onlyboth governmental officials
and private businesspeople
exceptionsmall facilitating paymentsnone
notea standard fees for fast-track
services is OK.