Doing Business Abroad: The Foreign Corrupt Practices Act (FCPA)

Doing business abroad is difficult enough but recently the renewed interest (and enforcement) of the Foreign Corrupt Practices Act (FCPA) has added a new dimension of challenges. The applications of the FCPA or its British “cousin” the UK Bribery Act are beyond the scope of this posting but carries with it substantial fines and broad enforcement possibilities.

In November the Department of Justice released a guidance document which summarizes all relevant documents in one place so it can be easily reviewed and digested. It provides guidance for an enterprise engaged in multinational business regardless of its size. The document is posted on the USDOJ website .

Any organization considering doing business outside the United States should take care to engage qualified attorneys and accountants to provide them with guidance on the regulations and nuances of that country. The risks of doing business abroad are substantial and performing a thorough country risk assessment will pay dividends as the business plan and business enterprise abroad mature. If you would like to discuss this issue further, please feel free to contact Albert Sica at 732-395-4251 or at [email protected].

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