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.