The U.S. Foreign Corrupt Practices Act (FCPA) turned 40 last year under a new administration and an increasingly
global business landscape. With the changing
political and business tides, understanding the
FCPA’s impact on your business
is crucial. In a recent speech
by Deputy Attorney General
Rod Rosenstein, he emphasized
this importance, saying,
“[i]nvestigations of corporate fraud
and corruption are essential to
the rule of law.”1 Of course, in
the extensive global landscape in
which we find ourselves in 2018, the United
States is not the only country fighting against
corporate fraud and corruption. For example,
the UK Bribery Act (UKBA) also seeks to
combat corruption and does so in an even
broader manner than the FCPA.
With these regulations in mind, and
Anti-corruption compliance under the
as we’ve discussed in an earlier article on
corporate compliance,2 having the knowledge
and tools in place to create a culture of
compliance and lawfully and strategically
navigate your company through the
regulatory hurdles is essential for today’s
globally positioned business. Whether
it’s businesses specializing in technology,
manufacturing, or government contracting,
creating a tone from the top, embracing key
corporate values, having a robust compliance
program, and extending those practices to any
third-party intermediaries that do business
on your company’s behalf are important
steps a global company can take in order to
Early on in the Trump administration, the
Department of Justice (DOJ) Fraud Section
released its new “Evaluation of Corporate
Compliance Programs,” the first formal
document issued by the DOJ focused on
corporate compliance. 3 Without necessarily
by Mark Grider
A Washington view of global
» This administration remains focused on enforcement of the Foreign Corrupt Practices Act (FCPA) against both domestic
and foreign companies.
» The Department of Justice and Securities and Exchange Commission continue to prosecute these cases and have
emphasized the importance of corporate compliance and creating a level playing field for businesses.
» Companies should review their anti‑corruption policies and regularly update them in response to new developments.
» Many FCPA violations relate to dealings with third parties, so it is important to conduct thorough due diligence and
understand who you are working with.
» Strong internal controls allow companies to accurately monitor record keeping and accounting and avoid violations.
Mark Grider ( email@example.com) is a Partner with Husch Blackwell
in Washington DC.