Foreign Corrupt Practices Act (FCPA) 米国海外腐敗行為防止法
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:
- Issuers of public-traded securities and their stakeholders
- Domestic concerns and their stakeholders
- Certain persons and entities acting while in the territory of the United States
- 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
The accounting provisions apply to three categories of persons and entities:
- Every issuers of securities whose securities traded on a national securities exchange in the United States.
- Companies whose stock trades in the over-the-counter market in the U.S.
- 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
- 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
|application||foreign officials only||both governmental officials|
and private businesspeople
|exception||small facilitating payments||none|
|note||–||a standard fees for fast-track|
services is OK.