ACC3323 (15051) Homework 1- Dua Qureshi
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The Foreign Corrupt Practices Act (FCPA): A Comprehensive Overview
Dua Qureshi
Thomas Jackson
ACC3323
June 11, 2023
Introduction
The Foreign Corrupt Practices Act (FCPA) is a significant legislation enacted by the United States government to combat corruption and bribery in international business transactions. This research paper aims to provide a comprehensive understanding of the FCPA, including its history, primary purpose, prohibitions, scope of application, penalties, indicators of violations, and the cultural relativity of corruption.
I. History of the Foreign Corrupt Practices Act (FCPA)
The FCPA was enacted in 1977 by the United States Congress in response to growing concerns about the widespread bribery of foreign officials by U.S.-based corporations. The legislation was
a response to the revelations of numerous illegal payments made by U.S. companies to foreign government officials to secure business advantages (United States Department of Justice, 2020).
II. Primary Purpose of the FCPA
The primary purpose of the FCPA is to prohibit bribery and corrupt practices in international business transactions. It aims to maintain fair and transparent business practices, preserve the integrity of markets, and promote confidence in the international financial system (United States Securities and Exchange Commission, 2020). The FCPA seeks to level the playing field by preventing unfair advantages gained through bribery.
III. Prohibitions under the FCPA
The FCPA consists of two main provisions: the anti-bribery provision and the accounting provisions.
1.
Anti-Bribery Provision: This provision prohibits the bribery of foreign officials, political parties, or candidates to obtain or retain business or secure an improper advantage. The act applies to individuals, companies, and their officers, directors, employees, agents, and shareholders acting on their behalf (United States Department of Justice, 2020).
2.
Accounting Provisions: These provisions require companies to maintain accurate and transparent records and establish internal accounting controls. They also mandate companies to maintain a system of books and records that accurately and fairly reflect the company's transactions and assets (United States Securities and Exchange Commission, 2020).
IV. Scope of Application of the FCPA
The FCPA has a broad reach, applying to both U.S. companies and foreign companies whose securities are listed on U.S. stock exchanges. Additionally, individuals and businesses that act within U.S. territory, even if they are non-U.S. citizens or entities, fall under the jurisdiction of the FCPA (United States Department of Justice, 2020).
V. Maximum Penalty under the FCPA
The FCPA imposes significant penalties for violations. For individuals, criminal penalties can include fines of up to $5 million and imprisonment for up to 20 years. Companies can face fines of up to $25 million for each violation of the anti-bribery provisions and fines of up to $25 million for each violation of the accounting provisions (United States Securities and Exchange Commission, 2020).
VI. Indicators of FCPA Violations
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Several indicators may suggest that an individual or organization has violated the FCPA. Some common indicators include:
1.
Unusual payment patterns or transactions lacking proper documentation.
2.
Payments to third-party intermediaries or consultants without a legitimate business purpose.
3.
Inadequate internal controls and record-keeping systems.
4.
Lack of due diligence in assessing the reputation and integrity of business partners.
5.
Inconsistent financial statements or irregularities in accounting records (Choudhury & Chowdhury, 2018).
VII. Cultural Relativity of Corruption
The perception and acceptance of corruption can vary across different cultures. What may be considered corrupt in one country might be deemed culturally acceptable in another. For example, gift-giving and hospitality practices that are common in one culture may be viewed as bribes in another culture. This cultural relativity underscores the challenges of enforcing anti-
corruption laws globally and highlights the need for cultural sensitivity and understanding in international business practices.
Conclusion
The Foreign Corrupt Practices Act (FCPA) has played a vital role in combating corruption and promoting ethical business practices in international transactions. By understanding the history, purpose, prohibitions, application, penalties, indicators of violations, and the cultural relativity of
corruption, individuals and organizations can navigate the complexities of international business while complying with the FCPA.
The FCPA serves as a deterrent to corruption by establishing legal boundaries and promoting transparency and fairness in global commerce. Adherence to the FCPA not only helps companies maintain their ethical standing but also protects their reputation, fosters sustainable business relationships, and minimizes legal and financial risks.
In conclusion, the Foreign Corrupt Practices Act (FCPA) is a crucial piece of legislation in the fight against corruption in international business transactions. It has a rich history, clear objectives, broad applicability, severe penalties, and indicators to identify potential violations. Moreover, it highlights the need to consider cultural relativity when assessing corrupt practices. Compliance with the FCPA is essential for organizations seeking to operate with integrity and ensure a level playing field in the global business environment.
References
Choudhury, B. P., & Chowdhury, R. A. (2018). Foreign Corrupt Practices Act (FCPA): An Overview. International Journal of Law, 2(2), 7-15. doi: 10.31219/osf.io/sj6wb
United States Department of Justice. (2020). Foreign Corrupt Practices Act. Retrieved from https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act
United States Securities and Exchange Commission. (2020). A Resource Guide to the U.S. Foreign Corrupt Practices Act. Retrieved from https://www.sec.gov/spotlight/fcpa/fcpa-
resource-guide.pdf
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control activities and monitoring are referred to as the
of internal control.
to foreign officials to obtain business and requires
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3.
and conceal errors or fraud in the normal course of performing his or her job.
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5. Controls that rely on segregation of duties may be circumvented by
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A client's
organizational structure.
9.
allowing the employee to both perpetrate
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environment includes such components as management philosophy and operating style, and
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