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On November 14, 2012, the Criminal Division of the US Department of Justice (DOJ) and the Enforcement Division of the US Securities and Exchange Commission (SEC) released a publication entitled, A Resource Guide to the U.S. Foreign Corrupt Practices Act. The publication is available for downloading from the DOJ or SEC websites. According to the Introduction, the
“guide is intended to provide information for businesses and individuals regarding the U.S. Foreign Corrupt Practices Act (FCPA)…. It is non-binding, informal, and summary in nature, and the information contained herein does not constitute rules or regulations. As such, it is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, that are enforceable at law by any party, in any criminal, civil, or administrative matter. It is not intended to substitute for the advice of legal counsel on specific issues related to the FCPA. It does not in any way limit the enforcement intentions or litigating positions of the U.S. Department of Justice, the U.S. Securities and Exchange Commission, or any other U.S. government agency. Companies or individuals seeking an opinion concerning specific prospective conduct are encouraged to use the U.S. Department of Justice’s opinion procedure discussed in Chapter 9 of this guide.”
A Fact Sheet on the FCPA Resource Guide has also been released. Click here to view the Client Alert on this guide prepared by our Corporate Compliance Practice.
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