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A Brief History of the Foreign Corrupt Practices Act

August 25, 2011

By Jeremy Miller

Jeremy Miller, a veteran Capitol Hill aide, serves as the Policy Director at Citizens for Responsibility and Ethics in Washington (CREW).

As many of our readers know, the Foreign Corrupt Practices Act (FCPA) is under assault by the Chamber of Commerce and some members of Congress.  This valuable statute prohibits domestic companies from bribing foreign officials for the purpose of obtaining or retaining business opportunities abroad and has a purposefully broad reach, extending to any company operating globally with securities registered in the U.S.

It should go without saying this kind of corruption undermines the integrity of foreign governments and competitive business practices internationally.  In spite of this, the Chamber of Commerce wants to “reform” the statute so corporations can more easily bribe their way to greater profits.  CREW is working with other public interest groups to keep this from happening.  Victims of these corrupt payments are not only companies that play by the rules, but impoverished peoples world-wide who suffer while their resources are exploited by multinational corporations and their leaders bloat themselves in riches.

A couple years ago PBS produced an excellent history of the FCPA and the international movement to curb bribery, of which the U.S. has long been a leader in doing so.  If you have some free time, give it a watch.

Cross-posted with permission from the CREW blog.

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Disclaimer: Unless specifically stated to be the views of the Task Force, the opinions expressed on this blog are solely the opinions of the individual blogger and are not necessarily those of the Task Force on Financial Integrity & Economic Development.

  • Forbesjf

    Prior to the FCPA’s passage a Foreign Payments Task Force, a small group of DoJ fraud section prosecutors, US Customs special agents and other federal agents pursued these illegal foreign payments as they related to USA export financing by charging firms with false statemnets on federal suppliers certificates, the Bank Secercy Act, and other federal statutes. All these things were undertaken before the Money Laundering Controll Act of 1986. These cases were used by President Clinton at the UN for the basis of what would become the UN Convention Against Corruption.   

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