Foreign Corrupt Practices Act 1977 (US) (FCPA)

Summary

US statute prohibiting US persons and companies (and foreign companies listed on US exchanges) from bribing foreign officials. DOJ and SEC have extensive extraterritorial enforcement reach. The FCPA also has an accounting/books and records provision. Relevant where Sri Lankan officials received corrupt payments from US-listed corporations.

Relevance to the diaspora

Tamil diaspora researchers documenting corruption in Sri Lanka's arms procurement or post-war development contracts involving US entities can provide leads to DOJ or SEC investigations under the FCPA; successful FCPA investigations have brought international attention to corruption in conflict contexts.

Key provisions

• 15 USC §78dd-1 — prohibition on bribery of foreign officials (issuers)
• 15 USC §78dd-2 — prohibition (domestic concerns)
• 15 USC §78m — books and records provision
• Jurisdictional reach — persons/entities with any nexus to US territory or financial system

Primary source

Related entries

• → Global Magnitsky Human Rights Accountability Act 2016 (US)
• → UN Convention Against Corruption (UNCAC) 2003 (UN)