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Department of Justice(DOJ) and Securities and Exchange Commission (SEC) have taken FCPA enforcement to new heights. Thus, the companies in US seeking to do business in foreign countries should put in controls to ensure they don’t violate FCPA and are always compliant with the act. FCPA prohibits any corrupt practice of payments to foreign officials of obtaining or keeping business or seeking favor or influencing the government decisions in their favor. The anti-bribery provisions of the Act defines five elements considered to conclude an act to be violation this Act, namely, (a) Who, (b)Corrupt intent, (c) Payment, (d) Recipient & (e)Business Purpose Test. The Act even looks at corrupt payments through intermediaries & 3rd parties. The Act empowers DOJ to prosecute the Parent company in US, even if the foreign subsidiaries are involved in the corrupt practices. Further the Organisation for Economic Co-operation and Development’s (OECD) Anti-Bribery Convention has strengthened the enforcement of the sprit of this Act in 30plus countries who have adopted this convention and its recommendations.
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Law & Practice 
