On Nov. 14, the Department of Justice and Securities and Exchange Commission released their much anticipated Foreign Corrupt Practices Act Resource Guide. The FCPA Guide provides important guidance to companies on the DOJ and SEC’s perspective on the FCPA, their enforcement considerations in the area and their expectations for companies to maintain an effective compliance program.
The FCPA prohibits bribes to foreign officials made to improperly obtain or retain business or secure a business advantage. The FCPA Guide clarifies who is deemed a foreign official and what constitutes a department, agency or instrumentality of a foreign government.
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