Understanding the Reach of US Jurisdiction Under the Foreign Corrupt Practices Act

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Recent enforcement activity has made clear that United States regulators are looking beyond U.S. shores to extend enforcement of the FCPA to non-U.S. persons. As one top official at the Department of Justice (DOJ) has said: “We are enforcing the FCPA to root out global corruption and preserve the integrity of the world markets.” This recent enforcement activity sounds a wake-up call to international businesses operating in high-risk jurisdictions, in particular the more than 750 non-U.S. companies listing shares on U.S. exchanges.

By developing a clear understanding of how U.S. jurisdiction under the FCPA operates, counsel will be able to anticipate the potential for FCPA risks and mitigate those risks, before they develop into enforcement problems.

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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.

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