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International Law

: China Law Blog

The Foreign Corrupt Practices Act (FCPA) Wants You. Even If You Are In China.

By Dan Harris and Steve Dickinson

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The other day, I instructed a client of mine from doing something I was pretty certain would violate the Foreign Corrupt Practices Act (FCPA). When I told him that what he was proposing would almost certainly be illegal, he assured me that in the country in which he would do this, this sort of thing "goes on all the time" and, "of course, there can be no way I can get in trouble in the US for doing something like this overseas." I explained the FCPA to him and he decided not to do what he had been planning on doing. The amazing thing about this is that he is a very savvy international businessperson and he had never heard of the FCPA and he had been operating under the assumption that he would only be bound by the laws of the country in which he was actually operating. I thought of this today when reading, "The All-In-One FCPA Enforcement List," over at the FCPA Blog. This post lists pending FCPA prosecutions and I wonder how many of the people on that list simply did not know that their actions might subject them to criminal prosecution in the United States. I know that for many of you, this post is incredibly obvious, but I also know that there are many people out there for whom this post will come as a complete surprise. Bottom Line: When operating overseas, it is important to know the laws of both your home country and the country in which you are operating. For more on staying out of jail while doing business in or with China, check out the following posts: -- Understanding China FCPA Risks. Who Is A Foreign Official? -- The FCPA And China. Do I Need To Get All Loud On You? -- The Foreign Corrupt Practices Act. Can You Say China Relevant? -- China's Anti-Bribery Laws Rising -- Avoiding Chinese Jails. I'm Talkin' To You.

Full post as published by China Law Blog on February 27, 2010 (boomark / email).