[authors: Scott L. Fredericksen, Jaime B. Guerrero, Gregory Husisian, Pamela L. Johnston, Ivonne Mena King, Scott T. Seabolt, David W. Simon, Kenneth B. Winer]

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be interpreted. This necessarily led to confusion among multinational corporations, who complained that this lack of certainty undermined their efforts to comply with the increasingly aggressive enforcement of the FCPA by the U.S. government.

On November 14, 2012, after more than a year of work, the DOJ’s Criminal Division and the SEC’s Enforcement Division issued their long-awaited Guidance.