FCPAméricas Blog

Archive for FCPA Guidance category:

Move Over “Foreign Official”: There’s a More Important FCPA Debate

A lot has been written about the definition of government “instrumentality” under the FCPA. That definition is important because it helps define the scope of the term “foreign official” for purposes of foreign bribery offenses. The May 2014 ruling by the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi helped […]

Author: Matteson Ellis

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Five Ways that Latin American Companies and Individuals Can Be Subject to FCPA Jurisdiction

There is a lot of talk in Latin America these days about the FCPA. People throughout the region see investigation after investigation and settlement after settlement including companies and individuals from the region. They are asking more questions about the law, such as — How can Latin Americans be subject to a U.S. law? Here […]

Author: Matteson Ellis

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FCPA Compliance for SMEs: How smaller companies meet enforcement agency expectations

FCPA compliance expectations for multi-national corporations (MNCs) are relatively clear. Enforcement authorities regularly describe them in FCPA resolutions and public statements, and FCPAméricas provides its own overview here. But how should small- and medium-sized enterprises (SMEs) apply these standards, especially smaller companies that still have significant corruption risk profiles? SME’s resources, personnel, and capacity are […]

Author: Matteson Ellis

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How Top-Level Management Shows FCPA Compliance Commitment

One of the most important elements of an effective FCPA compliance program is top-level commitment, what might be called “tone from the top.” Those at the top of an organization are in the best position to foster a culture of compliance. As indicated in the FCPA Guidance, the DOJ and SEC “consider the commitment of […]

Author: Carlos Ayres

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Exercising FCPA Audit Rights: Tips for Practitioners

FCPA enforcement actions in the recent past, as well as the FCPA Guidance, highlight the importance of including audit rights in written contracts with third-party contractors. But just including them is not enough. The Assistant Director of the SEC’s FCPA Unit, Tracy Price, has publicly stated that enforcement agencies are also looking at how companies […]

Author: Carlos Ayres

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