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LSDefine

Simple English definitions for legal terms

Foreign Corrupt Practices Act (FCPA)

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A quick definition of Foreign Corrupt Practices Act (FCPA):

The Foreign Corrupt Practices Act (FCPA) is a law in the United States that makes it illegal for Americans and employees of American companies to bribe foreign officials. The law has two main parts: one that prohibits bribery and another that requires companies to be transparent about their accounting practices. Breaking either part of the law can result in heavy fines and criminal charges. The FCPA applies to any act that gives something of value to a foreign official in exchange for their actions, and it can even apply to people outside of the US if their actions involve US banks. The law also requires companies to keep accurate records and have internal controls to prevent corruption.

A more thorough explanation:

The Foreign Corrupt Practices Act (FCPA) is a law in the United States that makes it illegal for U.S. citizens and employees of U.S. listed companies to bribe foreign officials. The FCPA has two main provisions: one that prohibits the bribery of foreign officials and another that requires new accounting transparency requirements under the Securities Exchange Act of 1934. Breaking either provision can result in heavy fines, and corrupt acts can lead to criminal charges.

The FCPA broadly prohibits the bribery of foreign officials by U.S. citizens and companies. This provision covers any act that gives anything of value to influence the actions of foreign officials, political parties, candidates, or people who will give resources to such officials. There are exceptions for facilitating payments to officials, such as for obtaining a business license. However, this part of the FCPA is controversial because it can apply to people outside of the U.S. who do not have connections with U.S. companies.

For example, if an executive of a company based in France directs their company to make a payment to an official in Columbia to ensure the company receives a lucrative government contract, the executive could be charged under the FCPA if this payment goes through a correspondent bank in the U.S., even though the company's bank is in France. These types of situations frequently occur and fall under the banking system of the U.S., which can be used to expand the application of the FCPA to foreign entities and individuals.

The FCPA also contains a mandatory accounting provision that aims to prevent bribery by U.S. listed firms by limiting the ability for corrupt transactions to remain hidden. This provision requires regularly compiled bookkeeping, internal controls, and compliance mechanisms that can prevent resources from being used corruptly.

foreign corporation | foreign direct investment

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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