does fcpa apply to individuls and companies?
Question
does fcpa apply to individuls and companies?
Solution
Yes, the Foreign Corrupt Practices Act (FCPA) applies to both individuals and companies. The FCPA is a U.S. law that prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business. It has provisions that apply to companies, including foreign firms and persons who, directly or indirectly, make corrupt payments. Here are the steps to understand this:
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The FCPA's anti-bribery provisions apply to U.S. persons and businesses (domestic concerns), certain foreign issuers of securities (issuers), and foreign firms and persons who take any act in furtherance of a corrupt payment while in the U.S.
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A "domestic concern" is any individual who is a citizen, national, or resident of the United States, or any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States, or a territory, possession, or commonwealth of the United States.
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An "issuer" is a corporation that has issued securities that have been registered in the United States or who is required to file periodic reports with the SEC.
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The FCPA also applies to any officer, director, employee, or agent of such domestic concerns or issuers.
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The FCPA can apply to foreign individuals or companies (including officers, directors, employees, or agents of such companies) who, while in the territory of the United States, make use of the mails or any means or instrumentality of interstate commerce, or do any other act in furtherance of a corrupt payment.
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The FCPA also applies to foreign individuals or companies who, outside the territory of the United States, make use of the mails or any means or instrumentality of interstate commerce, or do any other act in furtherance of a corrupt payment, if the company is an issuer or domestic concern.
So, in summary, the FCPA applies to U.S. persons and businesses, certain foreign issuers of securities, and foreign firms and persons who make any act in furtherance of a corrupt payment while in the U.S. or for U.S. businesses.
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