Pub K
Mergers + Acquisitions: 5 Tips For Navigating FCPA Risks
Guidepost – The FCPA prohibits the offer, promise, authorization, or payment of money or anything of value, either directly or indirectly, to a foreign official, private individual, or entity, to obtain or retain government business. Enacted in 1977 in response to incidents of American companies bribing foreign officials to obtain lucrative government contracts, its enforcement is now among the most prominent white collar enforcement tools used by the U.S. Department of Justice and the U.S. Securities and Exchange Commission. Companies that operate globally, particularly in emerging or politically unstable markets, and that also have operational activities in the U.S., should include the FCPA among their highest legal risks.