Foreign Corrupt Practices Act

Paper Summary:

This paper explains that the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) makes it illegal for a U.S. person to make a corrupt payment to a foreign official to secure or retain business. The author points out that this act has an impact on U.S. commerce because companies with considerable foreign sales must have an effective FCPA compliance auditing program. In addition, the paper relates that the FCPA potentially is applicable to any individual, firm, officer, director, employee or agent of a firm and any stockholder acting on behalf of a firm.

From the Paper:

"The case of Lockheed Martin Corp's Proposed Acquisition of Titan Corporation: In September 2003, Lockheed Martin Corp declared its plans to take over Titan Corporation, a defense contractor based in California for $1.8 billion approximately. As per the acquisition agreement entered into between Lockheed and Titan, the acquisition was to be completed by March 2004 at the latest. In keeping with Lockheed's routine pre-acquisition due diligence into Titan, however it was found that Titan had engaged in a lot of potential FCPA violations."

Sample of Sources Used:

• Anti-Bribery and Books & Records Provisions of The Foreign Corrupt Practices Act. Current through Pub. L. 105-366. November 10, 1998. <http://usinfo.state.gov/usa/infousa/laws/majorlaw/fcpa.htm>
• Anti-Corruption Provisions of the US Foreign Corrupt Practices Act. 31 July, 2001. <http://www.hollandhart.com/articles/FCPA.pdf>
• Beed, Teresa K; Fleming, Maureen J; Shooshtari, Nader H. Bribery and the U.S. Foreign Corrupt Practices Act: Do they hinder global competition? <http://www.newaccountantusa.com/newsFeat/wealthManagement/bribery_art.pdf>
• Berger, Paul R; Yannett, Bruce E. FCPA: what it is and why it matters to you: documentation and accounting controls are among the business practices covered by the foreign corrupt practices act. Bank Accounting & Finance, 20.3. April-May 2007. p. 46(2).
• Cragg, Wesley A; Woof, William. The US Foreign Corrupt Practices Act and its implications for the Control of Corruption in Political Life. <http://home.iscte.pt/~ansmd/CC-Cragg.pdf>

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