Scope of anti-bribery rules still unclear

Article Abstract:

Congress clearly intended to exempt foreign corporations from the Foreign Corrupt Practices Act of 1977 (FCPA). Legislative fear of impinging on the sovereignty of other countries was evident before the law's passage. Dooley v. United Technologies Corp and US v. Castle have enshrined this portion of the FCPA in case law. Castle also showed that the general federal complicity laws should not, in the absence of specific legislative intent, be used as an alternative means of prosecuting foreign corporations for alleged misconduct. A multilateral treaty would be a better vehicle.

Foreign corporations, Exterritoriality, Extraterritoriality

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Led by the U.S., the world wages war on corruption; after two decades, numerous international organizations are embracing principles set forth in the Foreign Corrupt Practices Act

Article Abstract:

The Foreign Corrupt Practices Act, enacted in 1977 to forestall American bribery of foreign government officials to obtain business, remains the only such law in the world. US firms often feel at a disadvantage competing with foreign ones not burdened by similar rules, but in the 1990s support for multilateral anticorruption initiatives and a decision by international financial institutions to watch carefully for evidence of corruption in projects they have financed have given US companies the hope for a levelling of the playing field.

Management, Foreign investments

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In Russia, bribe ban is causing difficulties; the Foreign Corrupt Practices Act may be difficult to interpret now that firms are privatized

Article Abstract:

The privatization of Russian companies creates unprecedented opportunity for the public officials of that country to engage in bribery. Determining liability under the Foreign Corrupt Practices Act (FCPA) for that action is fraught with legal ambiguities in a country undergoing major political and economic changes. Most Department of Justice enforcement actions so far have focused on bribery involving high government officials. Applicable FCPA provisions are detailed.

International business enterprises, Multinational corporations, Ethical aspects, Privatization, Privatization (Business), Immunities of foreign states, State immunities

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