The Foreign Corrupt Practices Act in a New Era.

• Author: Calli, Paul A.

The Foreign Corrupt Practices Act in a New Era

By Mike Kohler

Broadly speaking, the Foreign Corrupt Practices Act prohibits offering or paying anything of value to a foreign official to obtain or retain business. Recent years have seen a boom in FCPA compliance efforts and enforcement attempts as the Department of Justice has proclaimed this as a "new era." Mike Koehler, law professor at Southern Illinois University School of Law and author of the FCPA Professor blog (http://www.FCPAprofessor.com), now brings his thorough command of the FCPA to the page in The Foreign Corrupt Practices Act in a New Era. Koehler's text is written with a clarity and candor that will be appreciated whether readers are practitioners, nonlawyer compliance professionals, policymakers, or others with an interest in international business issues.

In light of the government's focus on FCPA enforcement, the FCPA has now emerged as a top legal and compliance concern for companies doing business in the global marketplace. But the application of the FCPA, and the policy questions underlying enforcement choices, are not straightforward. To borrow some of Koehler's examples--everyone can agree that providing a cash-filled suitcase to a foreign official to obtain a lucrative government contract is problematic. But what about a payment to incentivize a low-ranking foreign official with ministerial or clerical duties...