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Does FCPA apply to private companies?

A common misperception about the Foreign Corrupt Practices Act (FCPA) is that it only applies to public companies and not private companies. However, this is false under FCPA anti-bribery provisions.

What are the 5 elements of FCPA?

The FCPA makes it a crime to: 1) make a payment of, offer or promise to pay, or authorize a payment of money or anything of value, directly or indirectly; 2) to any foreign official, politician, party official, candidate for office; 3) with a corrupt intent; 4) for the purpose of influencing one of these persons

What are the two main components of the Foreign Corrupt Practices Act FCPA?

FCPA has two components, anti-bribery provisions and maintaining accurate books, records, and internal controls so bribes cannot be hidden.

What is an FCPA policy?

The FCPA is a federal law, enforced by the U.S. Department of Justice, which prohibits payments, gifts, or even offers of anything of value to a foreign official for the purpose of influencing the official or otherwise securing any improper advantage in obtaining, retaining or directing business.

Does FCPA apply to non US companies?

Therefore, any u.S. subsidiary of a non-u.S. company that is incorporated under u.S. law may be subject to the anti-Bribery provisions. Further, if a non-u.S. company employs a u.S. na- tional in any of its offices or subsidiaries around the world, that individual is also subject to the Fcpa.

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