Foreign Corrupt Practices Act (FCPA)

Core Principles and Enforcement Authority

The Foreign Corrupt Practices Act was enacted in 1977 to prevent bribery of foreign officials and to promote transparency in corporate accounting.
Its two main components—the anti-bribery provisions and the books-and-records provisions—require companies to maintain both ethical conduct and accurate financial reporting.

The law applies not only to U.S. companies but also to foreign entities and individuals who engage in acts of corruption that have any nexus with U.S. commerce, financial institutions, or securities markets.

Preventing Improper Payments and Facilitating Ethical Business

The anti-bribery provisions of the Foreign Corrupt Practices Act prohibit companies and individuals from corruptly offering or authorizing payments to foreign officials for business benefits.
This includes direct and indirect payments, gifts, travel, entertainment, charitable contributions, and employment opportunities that could influence decision-making.

Our lawyers help clients identify risk areas, develop compliance procedures, and ensure that legitimate business activities remain transparent and defensible.

Ensuring Transparency in Corporate Recordkeeping

The accounting provisions of the Foreign Corrupt Practices Act mandate that public companies maintain detailed and accurate records reflecting all transactions.
They also require the establishment of internal accounting controls sufficient to prevent and detect unauthorized payments.

We counsel boards, audit committees, and financial executives on designing internal control systems that meet FCPA standards and align with global accounting rules.

Responding Effectively to Government Inquiries

FCPA investigations are often complex, multi-jurisdictional, and highly sensitive.
Our Foreign Corrupt Practices Act team represents corporations, officers, and directors in investigations conducted by the DOJ, SEC, and foreign authorities.
We coordinate internal investigations, manage disclosure strategies, and negotiate resolutions that protect both financial stability and corporate reputation.

We also assist companies in managing data privacy and privilege issues that arise during cross-border investigations.

Managing Risk in Global Business Relationships

Third parties represent one of the most significant areas of exposure under the Foreign Corrupt Practices Act.
Companies can be held liable for bribery committed by agents, distributors, consultants, or joint venture partners acting on their behalf.
We help clients establish rigorous due diligence procedures that identify, assess, and manage third-party risks before and during engagement.

Our approach integrates legal compliance with commercial practicality to build sustainable business partnerships.

Identifying and Mitigating Successor Liability

FCPA exposure frequently arises in mergers, acquisitions, and joint ventures when acquiring companies inherit historical compliance failures.
Our Foreign Corrupt Practices Act lawyers conduct pre-acquisition due diligence to assess bribery risks, pending investigations, and internal control weaknesses.

We also assist in post-acquisition integration to ensure that newly acquired subsidiaries adhere to global compliance standards.

Coordinated Enforcement in an Interconnected World

FCPA enforcement is increasingly international in scope, with regulators sharing data and coordinating prosecutions.
Our team monitors global developments and assists clients in managing multi-jurisdictional enforcement actions that involve overlapping laws such as the UK Bribery Act, France’s Sapin II, and Brazil’s Clean Company Act.

We help clients navigate cooperation strategies that maintain transparency while protecting privilege and competitive interests.

Embedding Ethical Standards into Corporate Culture

A well-designed Foreign Corrupt Practices Act compliance program is the best defense against enforcement risk.
We assist companies in developing governance frameworks, policies, and training programs that meet DOJ and SEC expectations while supporting commercial objectives.
Our lawyers work with compliance officers and management to ensure that compliance is embedded throughout organizational culture.

We also conduct independent assessments and mock audits to test program effectiveness.

Enhancing Oversight, Accountability, and Ethical Leadership

Boards of directors and senior executives are expected to maintain oversight of FCPA compliance across the enterprise.
We advise on integrating anti-corruption frameworks into corporate governance structures and ESG programs.
Our team provides training for directors and officers, helping them understand their fiduciary duties and personal exposure under the Foreign Corrupt Practices Act.

We also assist in drafting and reviewing governance policies to align ethics with strategic objectives.

Strategic Guidance. Global Perspective. Practical Results.

At SJKP LLP, we help clients transform complex FCPA challenges into strategic opportunities for growth and integrity.
Our Foreign Corrupt Practices Act lawyers combine regulatory experience, investigative skill, and business acumen to deliver practical, defensible, and globally coordinated solutions.

From preventive compliance to high-stakes enforcement defense, we provide the clarity, strategy, and confidence needed to navigate one of the world’s most consequential regulatory landscapes.