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Corporations Spring 2023
Resource 6 . 3 . 1

Foreign Corrupt Practices Act Part I

John Coates

The Foreign Corrupt Practices Act was adopted in 1977.  It contains several parts.  In general terms, the first two parts ban SEC-registered (public) companies as well as all "domestic concerns" from bribing non-U.S. government officials. These parts of the FCPA are enforced primarily by the Department of Justice.

"Domestic concerns" include any individual who is a citizen, national, or resident of the United States; and any corporation, as well as partnerships and other kinds of legal entities and sole proprietorships, if they either have their principal places of business in the United States, or are organized under U.S. law. 

Since most foreign companies operate through U.S. subsidiaries, these parts of the law basically extend to any business operating in the U.S.  (Other laws also ban bribery of U.S. officials.)

Another part of the FCPA is limited to SEC-registered companies, and is included above.

Foreign Corrupt Practices Act Part I

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