Kudos to the FCPA Blog headline writer who "visited the ghost of the FCPA past" in a post about the Senate's great debate of the bill that became the Foreign Corrupt Practices Act. It is good that an event so momentous (given our current ongoing battle with corruption) can generate such a humorous headline so many years later.
Entries in Legislative History (60)
President Jimmy Carter signed the Foreign Corrupt Practices Act into law on December 19, 1977. In adopting the bill that would become the FCPA, the Senate listed its reasons for wanting to outlaw corrupt payments to foreign officials to obtain or retain business. We think those reasons are as valid today as they were then.
Readers of the FCPA Blog are no strangers to the heightened attention recently paid to the Foreign Corrupt Practices Act. Much of that attention, unfortunately, comes from a neomercantilist perspective.
Joseph Sigelman, the former co-CEO of PetroTiger Ltd., is the latest defendant to argue that employees of state-owned enterprises aren't "foreign officials" under the FCPA. He was charged in May with bribing an official at Ecopetrol SA, Colombia’s state-controlled oil company, and defrauding PetroTiger by taking kickbacks.
As the FCPA Blog reported last week, DOJ criminal division chief Leslie Caldwell recently gave an important talk at Duke Law School in which she laid out her vision of the Foreign Corrupt Practices Act. Her vision is compelling, and important, in so many ways. I rise in defense of one of them.
Dear FCPA Blog,
I am an Assistant Professor of Political Science at York University in Toronto, Canada. I follow the FCPA Blog, as I have been researching in the areas of transnational crime and corruption, and especially transnational bribery, for quite some time. (My PhD thesis (2005) was on compliance with the OECD Anti-Bribery Convention in the United States, Germany, France, and the United Kingdom.)
We’ve shown in the last two posts (here and here) how the Supplemental Transparency Project retains the punitive and deterrent effect of criminal penalties while still advancing the goals of international commerce. But what’s in it for the host countries, whose citizens are bribery’s true victims?
Thursday’s landmark Supreme Court decision in Kiobel v. Royal Dutch Petroleum has more relevance to the FCPA and Wal-Mart than you might think.
The United States Congress sometimes includes 'findings' in laws it adopts. They're reasons behind a law -- a bit of built-in legislative history.