New FCPA Resource Guide Issued by the US DOJ and SEC
Client/Legal Alert
21 November 2012
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Baker & McKenzie has prepared a synopsis of the new FCPA Resource Guide (Guidance) issued by the US DOJ and SEC in order to assist our clients. The synopsis is intended to be a summary of the high points, including:
- what the anti-bribery provisions of the FCPA cover;
- what types of gifts, travel and entertainment may constitute “anything of value” under the FCPA;
- who is a foreign official;
- what constitutes facilitation payments;
- how payments to third parties are treated;
- how the principles of corporate liability apply under the FCPA (e.g. parent-subsidiary liability, successor liability); and
- potential consequences of violations.