{
  "id": "R41466",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R41466",
  "active": true,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
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      "source": "EveryCRSReport.com",
      "id": 450832,
      "date": "2016-03-15",
      "retrieved": "2016-03-24T16:53:15.070492",
      "title": "Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement, In Brief",
      "summary": "The Foreign Corrupt Practices Act of 1977 (FCPA) was enacted principally to prevent corporate bribery of foreign officials. This act had three major parts: (1) it required the keeping by corporations of accurate books, records, and accounts; (2) it required issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and (3) it prohibited bribery by American corporations of foreign officials.\nFor a number of years after passage of the act, Congress debated amending it in response to numerous criticisms. On August 23, 1988, the President signed into law the Omnibus Trade and Competitiveness Act of 1988, of which Title V is known as the Foreign Corrupt Practices Act Amendments of 1988.\nThe amendments maintained the three major parts of the 1977 Act, but significant changes were made. One of these changes enacted a \u201cknowing\u201d standard in order to find violations of the act. This standard was intended to encompass \u201cconscious disregard\u201d and \u201cwillful blindness.\u201d The amendments provided certain defenses against finding violations of the act, such as that the gift is lawful under the laws of the foreign country and that the gift is a bona fide and reasonable expenditure or for the performance or execution of a contract with the foreign government.\nIn 1998 the act was further amended in order to implement the Organization of Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. These amendments expanded the scope of coverage to include some foreign persons and extended jurisdiction beyond the borders of the United States.\nCriticisms of the act have continued. There have been, for example, suggestions that businesses convicted of violating the FCPA should be debarred from receiving federal government contracts. Bills specifically amending the FCPA were introduced in the 111th and 112th Congresses. In the 113th and 114th Congresses, there appear to be bills only tangentially mentioning the act. For example, H.R. 616, 114th Congress, would provide that the FCPA shall apply to any immigrant visa application under Section 203(b)(5) of the Immigration and Nationality Act.\nThe executive branch has brought actions for alleged violations of the Act. The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) share enforcement authority\u2014DOJ, primarily enforcement of criminal provisions; SEC, civil provisions. There have been a number of settlements and indictments, resulting in both successes and losses for the federal government. It has been reported that DOJ is intensifying its efforts to prosecute violators of the FCPA.",
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      "topics": [
        {
          "source": "IBCList",
          "id": 3919,
          "name": "International Law and U.S. Sovereignty"
        }
      ]
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc819596/",
      "id": "R41466_2012Feb07",
      "date": "2012-02-07",
      "retrieved": "2016-03-19T13:57:26",
      "title": "Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc29622/",
      "id": "R41466_2010Oct21",
      "date": "2010-10-21",
      "retrieved": "2010-12-04T14:26:25",
      "title": "Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement",
      "summary": "This report briefly discusses the Foreign Corrupt Practice Act of 1977 (FCPA), which was intended to prevent corporate bribery of foreign officials. Criticisms of the act's operation and scope began almost immediately after its passage and have continued. This report discusses these criticisms.",
      "type": "CRS Report",
      "typeId": "REPORT",
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      "topics": [
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          "source": "LIV",
          "id": "Business",
          "name": "Business"
        },
        {
          "source": "LIV",
          "id": "Corporate corruption",
          "name": "Corporate corruption"
        },
        {
          "source": "LIV",
          "id": "Bribery",
          "name": "Bribery"
        }
      ]
    }
  ],
  "topics": []
}