FCPA Enforcement on the Rise
The Foreign Corrupt Practices Act (FCPA) continues to be an area of increased enforcement by U.S. agencies. Eight of the top 10 FCPA settlements have occurred in the past two years and leadership at the SEC, DOJ, and the Attorney General have made it clear they intend to expand focus on this area. Both the SEC and FBI now have dedicated FCPA teams and the recent Dodd-Frank Act has provided for increased “bounties” for whistle blowers.
In addition, the UK Bribery Act of 2010 is currently scheduled to be implemented in April of this year. This act goes beyond the FCPA’s focus on bribery involving government entities and expands the scope to commercial bribery. The UK Act, as currently drafted, also eliminates exceptions for “facilitation payments.”
If you have retail operations, sourcing offices, or manufacturing operations in other countries, you had better be sure you understand these regulations, the duties they impose, and the potential consequnces of violations by your organization, any subsidiaries, and any contracted third-parties. If you are not sure what your responsibilities are, email us and we can discuss.