The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

Articles By Topic

By Topic: Reports

  • From Vol. 5 No.3 (Feb. 10, 2016)

    Transparency International Survey Finds Mixed Results in Combating Corruption

    One important indicator companies use to assess a country’s corruption risk is the ranking the country is given by anti-corruption watchdog Transparency International (TI). TI’s latest report revealed some discouraging corruption numbers, though TI did note that there were more countries whose scores improved from 2014 to 2015 than those whose scores declined in that time. One development was the growing number of protests against corruption in 2015. “People across the globe sent a strong signal to those in power: it is time to tackle grand corruption,” TI’s Chair, José Ugaz, said. We analyze the new numbers. See also “How to Mitigate FCPA Risk Before and After an Acquisition” (Feb. 18, 2015).

    Read Full Article …
  • From Vol. 3 No.24 (Dec. 3, 2014)

    OECD Launches “New Weapon” in Global Push to Fight Corruption

    The Organisation for Economic Cooperation and Development has released its first Report analyzing corruption cases of signatories of its Anti-Bribery Convention.  "For the first time, this Report measures and describes transnational corruption with reference to actual cases, rather than with statistics derived from econometrics, perception surveys or unsubstantiated allegations,” the OECD said.  Findings from the 427 cases dating from 1999 included: most bribes are of foreign public officials from wealthier countries; most are made through intermediaries; and most are paid by large companies with knowledge of senior management.  The OECD called the detailed Report a powerful tool to understand and combat corruption.  The release of the Report was accompanied by a panel discussion at OECD Headquarters.  

    Read Full Article …
  • From Vol. 3 No.6 (Mar. 19, 2014)

    Eye-Opening Report Helps Companies Tackle European Corruption Risks  

    "Breathtaking” is how one European Commissioner characterized the corruption described in the European Commission’s February 2014 Anti-Corruption Report, which details each E.U. Member State’s efforts in fighting corruption and provides advice for improving the effectiveness of those efforts.  In a guest article, Antonio Suarez-Martinez and James Maton, partners in Edwards Wildman Palmer LLP’s London office, analyze the Report and the relevant takeaways for companies doing business in Member States.  For more insight from Edwards Wildman, see “Collateral Consequences of Bribery: When Can Ethical Competitors Initiate Suit in the U.S. and U.K.?,” The FCPA Report, Vol. 2, No. 10 (May 15, 2013).

    Read Full Article …
  • From Vol. 2 No.19 (Sep. 26, 2013)

    Transparency International Report Finds That Poor Legislative Oversight of Defense Spending Increases Corruption Risk

    Legislative bodies in most countries have “seriously insufficient controls” that lead to “high or critical corruption risk.”  That is one of the findings of the Defence and Security Programme of Transparency International UK in its inaugural report on worldwide legislative oversight of defense expenditures.  The September 2013 report provides insight into how a country’s political structures and processes affect corruption risk in that country’s defense industry, providing valuable information for companies that do business in these countries.  This article highlights TI-UK’s key findings.

    Read Full Article …
  • From Vol. 2 No.13 (Jun. 26, 2013)

    OECD Working Group’s 2013 Report on Global Anti-Bribery Efforts Shows Lackluster Performance

    The OECD’s Working Group on Bribery recently released its Annual Report on Activities Undertaken in 2013.  It is clear from the Report that, while many nations have taken steps to implement the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention), and a few countries (such as the U.S.) have active enforcement regimes, most have not actively enforced the anti-bribery laws that they adopted pursuant to the Anti-Bribery Convention.  This article summarizes the key takeaways from the Report.  See also “Transparency International Reports ‘Inadequate’ Worldwide Enforcement of OECD Anti-Bribery Convention,” The FCPA Report, Vol. 1, No. 8 (Sep. 19, 2012).

    Read Full Article …
  • From Vol. 1 No.12 (Nov. 14, 2012)

    DOJ and SEC Jointly Issue Long-Awaited Guidance on the FCPA

    On November 14, 2012, the DOJ and SEC released long-awaited guidance on the FCPA in the form of a 120-page booklet called “FCPA: A Resource Guide to The Foreign Corrupt Practices Act” (Guide).  The foreword, signed by both Lanny Breuer at the DOJ and Robert Khuzami at the SEC, touts the Guide as “an unprecedented undertaking by DOJ and SEC to provide the public with detailed information about our FCPA enforcement approach and priorities.”  The Guide addresses a variety of the hot topics that many in the space have been debating, including the definition of a “foreign official” (which is currently before the Eleventh Circuit); gifts, travel and entertainment expenses; facilitation payments; how successor liability applies in the mergers and acquisitions context; the hallmarks of an effective corporate compliance program; as well as the various tools the DOJ and SEC have at their disposal to resolve cases.  The government also provided a fact sheet about the Guide in which it boasts that there “may [be] no other area of the law where DOJ or SEC has provided the public with as much information about our enforcement approach and priorities.”

    Read Full Article …
  • From Vol. 1 No.8 (Sep. 19, 2012)

    Transparency International Reports “Inadequate” Worldwide Enforcement of OECD Anti-Bribery Convention

    Transparency International (TI) has released its eighth annual Progress Report on enforcement of The Organisation for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was adopted in 1997.  TI found that, while some signatories are increasing their enforcement efforts, the “overall level of enforcement remains inadequate.”  This article summarizes the findings of the Progress Report and highlights its conclusions.

    Read Full Article …
  • From Vol. 1 No.5 (Aug. 8, 2012)

    Shearman & Sterling Report Identifies Trends in FCPA Enforcement

    International law firm Shearman & Sterling LLP (Shearman) recently released its “FCPA Digest: Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act,” a statistical and substantive analysis of the enforcement of the FCPA in the first half of 2012.  This article summarizes Shearman’s report and discusses statistics on enforcement activity (including the common characteristics of recent settlements) and developments related to statutory issues, compliance guidelines, private litigation, anti-bribery enforcement abroad and FCPA reform.

    Read Full Article …