Could new Department of Justice guidance on the Foreign Corrupt Practices Act – expected later this year – provide long-sought reform to the country’s anti-corruption law?
Not the reform that US businesses need, writes law firm White & Case:
“Although observers remain hopeful that the forthcoming DOJ guidance will clarify many of the issues related to FCPA compliance faced by many US companies, White & Case partners George Terwilliger and Matthew Miner described in a recent National Law Journal article the advantages of congressional action as compared to simply deferring to the interpretive guidance of the DOJ—guidance which will have no effect in court. Mr. Terwilliger … and Mr. Miner note the ambiguity in the law resulting from the current enforcement regime and the disincentives for US businesses to seek clarification of the law by testing the US enforcement authorities’ legal theories. The uncertainty faced by companies attempting to navigate FCPA compliance and enforcement efforts would be better resolved, they argue, with guidance from lawmakers, rather than prosecutors, as to the bounds of permissible conduct. “
Read the update, FCPA Reform Efforts and Anti-Corruption Enforcement - White & Case LLP»