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New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
Law Student Publications
This paper examines whether the current exception to the Foreign Corrupt Practices Act (FCPA), or the affirmative defenses provided by the FCPA, allow American companies to be this positive influence. Part I examines the background of the FCPA, the current exception and affirmative defenses, and the recent increase in enforcement. Part II examines the issue of whether the current exceptions and affirmative defenses permit US companies to invest in countries currently exiting major internal strife. 4 Unfortunately, neither the exception nor the affirmative defenses provide companies the leeway necessary to enter these markets without serious risk of running afoul of …
Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,, Andrew B. Spalding
Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,, Andrew B. Spalding
Law Faculty Publications
Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond the deterrence of bribery, and ultimately deters investment. Drawing on literature from political science and economics, this Article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCP A enforcement shows that these sanctions most often occur in emerging markets, where historic opportunities for economic and social …