AuthorStuart H Deming; Truman K Butler; Vivian Robinson
By its enactment of the Foreign Corrupt Practices Act (‘FCPA’) in 1977,
the United States (‘US’) became the rst country to prohibit the bribery of
foreign public ofcials (‘FPO’). Prior to that time, no country prohibited
the bribery of FPOs. Indeed, the bribery of FPOs was so much an accepted
practice that it was recognized by taxing authorities in most of the world
as a legitimate business expense. Through a series of rather dramatic inter-
national developments beginning in the 1990s, that has all changed.
Today most developed countries have implemented and increasingly
enforce their domestic legislation prohibiting the bribery of FPOs. Virtually
all other countries are parties to international conventions prohibiting the
bribery of FPOs. It is only a matter of time before most of the world will
have adopted domestic legislation prohibiting the bribery of FPOs.
With the aggressive enforcement by the US, and by reason of its very
terms, the global reach of the FCPA has been far greater than any other
anti-bribery statute. Compliance with the FCPA must be a focus for enti-
ties engaged in international business. But, in addition, the breadth and
global reach of the UK’s Bribery Act 2010 (‘UK Bribery Act’) now effec-
tively requires entities engaged in international business to also comply
with its terms.
As a practical matter, the FCPA and the UK Bribery Act can apply to
almost anyone engaged in international business. Often in unexpected ways,
entities, or anyone acting on their behalf, can become subject to prosecution
for violating either law. The possibilities are virtually endless. As opposed
to determining when either law may apply, an entity’s efforts are better
directed towards understanding each law and how best to avoid a violation.
Chapter 1
FCPAUKBriberyAct_01-FM-Body-073119.indd 1 7/31/19 9:19 AM

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