DOJ/SEC Release Unprecedented Guidance on the FCPA


Yesterday, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released their much anticipated and long overdue guidance on the Foreign Corrupt Practices Act (the “FCPA”): A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide” or “Guide”). The 120-page inter-agency Guide is in its own words an “unprecedented undertaking,” representing the first time the government has provided a thorough analysis of the FCPA, clarifying information that had been previously scattered across a collection of informal opinions and judicial decisions. The Guide provides comprehensive information, including practical tips, to assist companies as they navigate the very fact-specific FCPA enforcement scheme.

While offering no bright-line rules on the FCPA, the Guide repeatedly highlights the need for companies to take a proactive, risk-based approach to stamp out corruption and effectively puts companies and their counsel on notice that there is a new, higher expectation of FCPA awareness. Indeed, in his brief remarks yesterday, SEC Director Robert Khuzami promised “vigorous prosecution of those who break the law [and] an equally vigorous effort to enable those who seek to abide by the law.”

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ropes & Gray LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.