Law Commons^™

In Search Of An International Solution To Bribery: The Impact Of The Foreign Corrupt Practices Act Of 1977 On Corporate Behavior, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Since enactment, the FCPA has been criticized for its ambiguity, pitfalls, and underlying policy weakness. For instance, a payment of $10,000 to a customs official by X Corporation in order to speed a shipment of perishables through customs would be a legal facilitating payment under the FCPA. Under the same circumstances, however, a $100 payment to a Cabinet minister who has the discretionary power to clear the shipment will subject the X Corporation to a million dollar fine and expose the guilty company officer, director or employee to a jail term of up to five years for violating the FCPA. …