Frequent question: What are the main requirements of the US Foreign Corrupt Practices Act?

Requirements. The anti-bribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person.

What are the two main provisions of the Foreign Corrupt Practices Act?

The FCPA has two primary provisions: (1) an anti-bribery provision which makes it unlawful for a U.S. company or citizen, and certain foreign issuers of securities, to make a corrupt payment to a foreign official for the purpose of obtaining or retaining business and (2) an accounting provision which requires companies …

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What are the 5 elements of FCPA?

The FCPA makes it a crime to: 1) make a payment of, offer or promise to pay, or authorize a payment of money or anything of value, directly or indirectly; 2) to any foreign official, politician, party official, candidate for office; 3) with a corrupt intent; 4) for the purpose of influencing one of these person’s …

What are the three specific provisions of the FCPA?

FCPA Internal Controls Provision

  • Transactions should not be made without proper managerial authorization.
  • Transactions should be recorded in a manner which allows for the accurate preparation of financial statements.
  • Transactions should be recorded to evaluate/enforce accountability.

What does the Foreign Corrupt Practices Act FCPA require that all US corporations under the jurisdiction of the Securities and Exchange Commission SEC do?

The Foreign Corrupt Practices Act (FCPA) is a U.S. statute that prohibits firms and individuals from paying bribes to foreign officials to further business deals. Both the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) are responsible for enforcing the FCPA.

Which of the following best describes an important provision of the US Foreign Corrupt Practices Act?

Which of the following best describes an important provision of the U.S. Foreign Corrupt Practices Act? The internal accounting controls should be examined, and if material weaknesses are found, controls must be strengthened.

Who does the US Foreign Corrupt Practices Act apply to?

Who Is Covered by the FCPA? The FCPA applies to two broad categories of persons: those with formal ties to the United States and those who take action in furtherance of a violation while in the United States. U.S. “issuers” and “domestic concerns” must obey the FCPA, even when acting outside the country.

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What are the two accounting requirements imposed by the FCPA on public companies?

The FCPA has two related accounting requirements: (1) books and records; and (2) internal controls.

What are some examples of Foreign Corrupt Practices Act violations?

Examples of FCPA accounting violations include failing to implement internal controls, to keep accurate books and records, to conduct appropriate audits of payments, and to implement sufficient anti-bribery compliance policies.

Which of the following provisions of the Foreign Corrupt Practices Act is known as the anti-bribery provision?

Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any 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 …

What are the main features of the 1977 Foreign Corrupt Practices Act FCPA )?

The Foreign Corrupt Practices Act (FCPA), enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business.

What is the main provision of the FCPA quizlet?

The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.

What are the benefits of complying with the FCPA?

In drafted and implemented appropriately, an FCPA compliance program will: serve as an invaluable tool against corruption, promote ethical conduct within the company, reduce the societal costs of corruption, and foster business expansion domestically and globally.

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What is the Foreign Corrupt Practices Act quizlet?

The Foreign Corrupt Practices Act (FCPA) is a United States law passed in 1977 that prohibits U.S. firms and individuals from paying bribes to foreign officials in furtherance of a business deal. The FCPA places no minimum amount for a punishment of a bribery payment. You just studied 9 terms!

Which of the following is true of the Foreign Corrupt Practices Act?

Which of the following is true of the Foreign Corrupt Practices Act of 1977? It is designed to stop bribery of foreign officials by American citizens. Intermediaries, under the FCPA, are: prohibited from making payments that can go to a foreign official.

What caused the Foreign Corrupt Practices Act?

Foreign Corrupt Practices Act (FCPA): Background & History. … The FCPA was enacted as a result of revelations during the early 1970s of widespread bribery of foreign public officials by U.S. companies.