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International Trade

2013

William & Mary Law School

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Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes Feb 2013

Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes

William & Mary Business Law Review

Currently many American corporations must pursue and develop international business relationships. For these American firms, the Foreign Corrupt Practices Act (FCPA) is the most important U.S. law governing international commerce. The FCPA prohibits firms from bribing foreign officials for the purpose of obtaining or retaining business in a foreign country. Despite its infrequent use during the last quarter of the twentieth century, Department of Justice (DOJ) and Securities and Exchange Commission (SEC) enforcement actions under the statute have exploded in the last few years. Due to this increase in enforcement and the difficulties in complying with the FCPA, the anti-bribery …