Anti-corruption regulation—USA—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—USA—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

Anti-corruption regulation—USA—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in USA published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Miller & Chevalier Chartered—James G Tillen; Ian A. Herbert; Leah Moushey

1. To which international anti-corruption conventions is your country a signatory?

The United States is a signatory to and has ratified the Organisation for Economic Co-operation and Development Anti-Bribery Convention (the OECD Convention), the Organization of American States' (OAS) Inter-American Convention against Corruption, and the United Nations Convention against Corruption (UNCAC), all with reservations or declarations. The most significant reservations involve declining to specifically provide the private right of action envisioned by the UNCAC and not applying the illicit enrichment provisions of the OAS Convention.

The United States is also a signatory to the Council of Europe Criminal Law Convention (the Criminal Convention), but has not ratified it.

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

US law criminalises bribery of foreign and domestic public officials.

The principal US law prohibiting bribery of foreign public officials is the Foreign Corrupt Practices Act (FCPA), 15 USC sections 78m, 78dd-1, 78dd-2, 78dd-3 and 78ff, enacted in 1977. The principal law prohibiting bribery of domestic federal officials is 18 USC section 201,

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