In this article, Homer Moyer and James Tillen discuss the long reach of the Foreign Corrupt Practices Act (FCPA).  Until the UK’s own Bribery Act beds down and its future contours become clear, Moyer and Tillen argue, the FCPA retains its position as the most aggressively enforced law prohibiting transactional bribery in the world.  In light of the far-reaching aspects of the FCPA, European companies doing business in the US or with US companies should be aware of the FCPA and its prohibitions.  Application of the FCPA to non-US companies and individuals over the past 30 years provides guidance for the potential scope and application of the UK Bribery Act to non-UK businesses and individuals.  By understanding the potential scope of the Bribery Act, UK companies can begin to prepare their foreign subsidiaries, partners, agents, and other counterparties for the effects of implementation.

Reproduced with permission from The European Lawyer.  This article was first published in The European Lawyer (May 2011).