Business Law Monographs, Volume I1--Complying with the Foreign Corrupt Practices Act

Business Law Monographs Volume I1, Complying with the Foreign Corrupt Practices Act explains in detail the measures that must be taken by any corporation with foreign operations and the additional record-keeping requirements for publicly held companies under the United States Foreign Corrupt Practices Act (FCPA). Compliance with the FCPA is more important now than ever for U.S. companies doing business abroad and foreign companies traded on United States exchanges, with record-breaking penalties for corporations, a spike in the number of prosecutions of individuals, and repeated signals from the senior-most enforcement officials that FCPA enforcement is a high priority. This volume contains a comprehensive analytical text with practical tips and advice, plus the forms and source materials you and your clients need to ensure you are complying with the FCPA.

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Business Law Monographs Volume I1, Complying with the Foreign Corrupt Practices Act explains in detail the measures that must be taken by any corporation with foreign operations and the additional record-keeping requirements for publicly held companies under the United States Foreign Corrupt Practices Act (FCPA). Compliance with the FCPA is more important now than ever for U.S. companies doing business abroad and foreign companies traded on United States exchanges, with record-breaking penalties for corporations, a spike in the number of prosecutions of individuals, and repeated signals from the senior-most enforcement officials that FCPA enforcement is a high priority. This volume of our Business Law Monographs set contains a comprehensive analytical text with practical tips and advice, plus the forms and source materials you and your clients need to ensure you are complying with the FCPA.

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Table of contents

Division I: TEXT

Chapter 1 Introduction
Provides an overview of the two sets of provisions contained in the FCPA: the anti-bribery provisions and the accounting provisions. It also describes the FCPA’s enforcement structure.

Chapter 2 The Anti-Bribery Provisions
Provides further detail on the FCPA’s anti-bribery provisions, including the exceptions and affirmative defenses contained therein.

Chapter 3 Accounting Provisions
Provides an overview of the FCPA’s accounting provisions.

Chapter 4 Assessing Jurisdiction & Liability Under the Anti-Bribery Provisions
Offers an in-depth discussion of FCPA jurisdictional issues.

Chapter 5 Gifts, Hospitality, Travel, and Other Things of Value
Discusses gifts, hospitality, travel, and other things of value under the FCPA and provides practical guidance for addressing those issues.

Chapter 6 Liability Through Actions of Third Parties
Contains a detailed discussion of third-party intermediaries and related issues that confront companies seeking to comply with the FCPA.

Chapter 7 FCPA Issues in Mergers & Acquisitions, Joint Ventures, and Cross-Border Investments
Discusses FCPA issues that arise specifically in the context of mergers and acquisitions, joint ventures, and other transactions and provides practical guidance for addressing those issues.

Chapter 8 Investigating FCPA Matters
Provides an overview of issues that arise frequently in the course of FCPA investigations and provides guidance on DOJ and SEC policy in this area.

Chapter 9 Resolving FCPA Matters
Provides an overview of issues that arise frequently in resolving FCPA matters and provides guidance on settlements with DOJ and SEC, including a discussion of independent compliance monitors.

Chapter 10 Compliance
Describes the key elements of an effective FCPA corporate compliance program and provides advice on implementing and maintaining such programs.

Chapter 11 The Department of Justice Opinion Procedure
Describes the Opinion Procedure of the Department of Justice, through which a company can seek an advisory opinion on whether a contemplated transaction complies with the FCPA.

Chapter 12 Related U.S. Statutes and Regulations
Discusses other U.S. laws that may be relevant in the FCPA context.

Chapter 13 International Treaties and Organizations
Describes international anti-corruption treaties and organizations.

Chapter 14 International Anti-Corruption Law Considerations
Describes the anti-corruption laws of selected other countries.


Division II: SOURCE MATERIALS

The Source Materials include the FCPA statute, Department of Justice FCPA advisory opinions, and select international treaties and materials.
Item 1A Foreign Corrupt Practices Act: Antibribery Provisions (Issuers)
Item 1B Foreign Corrupt Practices Act: Antibribery Provisions (Issuer Penalties)
Item 1C Foreign Corrupt Practices Act: Antibribery Provisions (Domestic Concerns)
Item 1D Foreign Corrupt Practices Act: Antibribery Provisions (Persons Other Than Issuers Or Domestic Concerns)
Item 2 Foreign Corrupt Practices Act: Accounting Provisions (Penalties for Violations of Accounting Standards)
Item 2A Foreign Corrupt Practices Act: Accounting Provisions
Item 2B Foreign Corrupt Practices Act: Accounting Provision Penalties
Item 3 Securities and Exchange Commission Rules Under the FCPA Accounting Provisions
Item 4 Foreign Corrupt Practices Act Opinion Procedure
Item 5 Department of Justice FCPA Opinion Procedure Releases
Item 6 Public International Organizations Covered by the Foreign Corrupt Practices Act
Item 7 United Nations Convention Against Corruption
Item 8 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
Item 9 Inter-American Convention Against Corruption
Item 10 Criminal Law Convention on Corruption
Item 11 Civil Law Convention on Corruption
Item 12 Transparency International Corruption Perceptions Index 2019
Item 13 African Union Convention on Preventing and Combating Corruption