Foreign Corrupt Practices Act

American Criminal Law Review, March, 2002 by Melysa Sperber

I. INTRODUCTION

Congress enacted the Foreign Corrupt Practices Act ("FCPA" or "Act") (1) in 1977 to criminalize illicit payments to foreign public officials by United States ("United States" or "U.S.") businesses and individuals. (2) Consequently, U.S. businesses had to compete in international markets against foreign businesses that were unconstrained by laws proscribing bribery. (3) To promote international parity with regard to business corruption, Congress amended the FCPA in 1988 and directed the Executive Branch to urge America's global trading partners to pass anti-corruption laws. (4) International anti-corruption efforts resulted in the Organization of Economic Cooperation and Development ("OECD") Convention on Combating Bribery of Foreign Public Officials in...