FCPA—who it applies to and what it prohibits (US)


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

FCPA—who it applies to and what it prohibits (US)


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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FORTHCOMING CHANGE: On 10 February 2025, President Trump signed an Executive Order pausing all investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA) for at least 180 days and for the US attorney general to issue revised guidelines and policies relating to the Act. This Practice Note will be updated once the new FCPA investigations and enforcement guidance has been published.

What is the FCPA and what does it prohibit?

The Foreign and Corrupt Practices Act (FCPA) was enacted in 1977 but later amended to permit facilitation payments following complaints from industry that the FCPA was restricting business.

The FCPA is part of the US Securities Exchange Act of 1934 and has two main provisions: 

  1. •

    the anti-bribery provisions; and

  2. •

    the books and records and internal control provisions

The FCPA anti-bribery provisions prohibit the corrupt payment of money or 'anything of value' to a 'foreign official' in order to 'obtain or retain business'. Examples of things of value include excessive travel or entertainment expenses, a promise of future employment,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Facilitation payment definition
What does Facilitation payment mean?

A term for small payments other than a fee paid directly to a public official sometimes legal but often counting as a bribe.

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