The Foreign Corrupt Practices Act of 1977, as amended, was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. Specifically, the anti-bribery provisions of the FCPA prohibit the "offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person."
Since 1977, the anti-bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment of certain amendments in 1998, the anti-bribery provisions of the FCPA now also apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States.
Companies violating this law by paying bribes are subject to criminal and civil actions that can result in fines, suspension, and exclusion from government procurement contracts. Employees, Officers and Directors can face personal criminal or civil liability and can be subject to prison sentences.
Likewise, the United Kingdom implemented its own anti-corruption legislation, the U.K. Bribery Act of 2010. The Serious Fraud Office is charged with investigating and prosecuting allegations and offenses of the U.K. Act. Like the FCPA, the U.K. Act imposes extra-territorial reach and enforcement risk. U.S. companies doing business in the U.K. must be compliant with the U.K. Act regardless of whether the U.S. company has an office or corporation established in the U.K.
In Canada Parliament On June 18, 2013, the Government of Canada enacted Bill S-14 on June 18, 2013 amending the Corruption of Foreign Public Officials Act (CFPOA) thus aligning it with Acts in the U.S. and the U.K. Now companies subject to the jurisdiction of Canada or doing business in Canada, can be prosecuted regardless of where the bribery occurs. The amended CFPOA establishes nationality jurisdiction applicable to all offenses.
Nearly 35 years in the making, in Fall of 2012 the Department of Justice published its Guidelines for FCPA compliance. GCL Group works closely with its clients in understanding compliance requirements, creating and implementing risk based compliance programs for business clients of all sizes, and developing training programs tailored to your business activities. In addition the attorneys at GCL Group are well versed in assisting clients in conducting internal investigations, compliance gap analysis, and the preparation and submittal of voluntary disclosures.
Whether it is an audit of existing practices or the development and implementation of a robust compliance program, GCL Group is uniquely placed to offer its clients expert advice at cost effective hourly rates or project based fees.
REPRESENTATIVE EXPERIENCE:
Since 1977, the anti-bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment of certain amendments in 1998, the anti-bribery provisions of the FCPA now also apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States.
Companies violating this law by paying bribes are subject to criminal and civil actions that can result in fines, suspension, and exclusion from government procurement contracts. Employees, Officers and Directors can face personal criminal or civil liability and can be subject to prison sentences.
Likewise, the United Kingdom implemented its own anti-corruption legislation, the U.K. Bribery Act of 2010. The Serious Fraud Office is charged with investigating and prosecuting allegations and offenses of the U.K. Act. Like the FCPA, the U.K. Act imposes extra-territorial reach and enforcement risk. U.S. companies doing business in the U.K. must be compliant with the U.K. Act regardless of whether the U.S. company has an office or corporation established in the U.K.
In Canada Parliament On June 18, 2013, the Government of Canada enacted Bill S-14 on June 18, 2013 amending the Corruption of Foreign Public Officials Act (CFPOA) thus aligning it with Acts in the U.S. and the U.K. Now companies subject to the jurisdiction of Canada or doing business in Canada, can be prosecuted regardless of where the bribery occurs. The amended CFPOA establishes nationality jurisdiction applicable to all offenses.
- Increased the maximum sentence of imprisonment from 5 years to 14 years (there is still no maximum fine amount);
- There is a new offense relating to books and records and the bribing of a foreign public official or the hiding of that bribery, also punishable by up to 14 years imprisonment;
- The CFPOA now applies to not-for-profit organizations;
- The facilitation payments exception to the offense of bribing a foreign public official is repealed.
Nearly 35 years in the making, in Fall of 2012 the Department of Justice published its Guidelines for FCPA compliance. GCL Group works closely with its clients in understanding compliance requirements, creating and implementing risk based compliance programs for business clients of all sizes, and developing training programs tailored to your business activities. In addition the attorneys at GCL Group are well versed in assisting clients in conducting internal investigations, compliance gap analysis, and the preparation and submittal of voluntary disclosures.
Whether it is an audit of existing practices or the development and implementation of a robust compliance program, GCL Group is uniquely placed to offer its clients expert advice at cost effective hourly rates or project based fees.
REPRESENTATIVE EXPERIENCE:
- Foreign Corrupt Practices Act investigations;
- Audits;
- Voluntary disclosures;
- Internal compliance programs;
- U.K. Bribery Act internal compliance;