The Foreign louse up Practices Act (FCPA) is a U.S. anti-bribery statute that provides gracious and criminal penalties for corporations and individuals who bribe abroad officials in pursuit of championship abroad. The FCPA has always been controversial, and has drawn increasing attention as the political science stepped up enforcement in recent years. This paper seeks to identify and take in the FCPA-related concerns and also the responsibilities and best practices of Boards of corporations with cross-border operations. First, we provide a brief overview of the law, enforcement trends, strategical concerns, and potential reforms. Next, we offer individual professional perspectives on the FCPA from (1) passel 100 companies generally, (2) outside counsel, and (3) a regional focus on companies doing business in China. Finally, we compare two compliance chance studies from the oil and gas industry. We find that, though the popular tender and academia focus on arguments about strategic and hawkish drawbacks of the FCPA, in practice, corporations are generally supportive of anti-bribery legislation and submit it mostly a process, control, and audit issue.
While strategic decisions at the Board level will generally not be directly effected by FCPA concerns, directors should be aware of FCPA risks and oblige a responsibility to create a compliance refining and ensure that internal controls exist to preempt FCPA problems. The Foreign Corrupt Practices Act SEC investigations in the 1970s revealed numerous incidences of U.S. companies making indistinct or illegal payments to government officials for business transactions abroad. In response, Congress passed the FCPA in 1977. The Securities and Exchange Commission (SEC) and the Department of arbitrator (DOJ) enforce its provisions. The FCPA applies to all U.S. persons, companies whose securities are listed in the U.S., and certain foreign issuers of securities, and 1998 amendments extended the FCPA to cover foreign firms and persons... If you want to get a full essay, order it on our website:
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