Skip to main content

U.S. Foreign Corrupt Practices Act - Update

International Bar Association Anti-Corruption Committee News

In this article, Ann Sultan provides an overview update on Foreign Corrupt Practices Act (FCPA) resolutions, declinations, enforcement agency appointments, and public comments from the past year. "Of note in recent developments are the DOJ's recent announcement that the FCPA pilot programme will be extended and its issuance of new guidance regarding corporate compliance programmes. These represent a continuation of the DOJ's focus on FCPA enforcement over the past few years," Sultan wrote. 2016 saw the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) resolve 57 FCPA-related enforcement actions. Noting the subsequent drop in FCPA resolutions in 2017, Sultan wrote: "Notwithstanding the drop in FCPA resolutions following the inauguration of President Trump, there are no significant indications to date that FCPA enforcement efforts by the SEC or DOJ under the Trump administration represent any drastic shift from previous trends… Indeed, other recent developments suggest that the SEC and DOJ will continue to pursue both corporate and individual cases under the FCPA."