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One FCPA World
Suppose a group of officers of one of your foreign-based corporate clients, with no offices or businesses in the United States, makes a rare visit to the U.S. for an industry-related conference. Between sessions, they break off to participate in a conference call with employees overseas. The subject is whether to authorize political contributions in another country in the hope of getting business there, and they tell their compatriots to proceed. As soon as the conference is over, they head home. Can this one call be the basis for an assertion of U.S. jurisdiction over your client and the officers under the Foreign Corrupt Practices Act (FCPA)? Surprisingly, the answer is yes, in spite of the entirely accidental nature of the contact.
FCPA Jurisdiction
This expansive FCPA jurisdiction over foreign corporations and their personnel flows from the 1998 amendments. Criminal sanctions now apply to persons “other than issuers or domestic concerns” who “do any act in furtherance” of a bribe to a foreign official while in the territory of the United States. The Senate Report accompanying the 1998 amendments put it starkly: “Congress intends that the territorial basis for jurisdiction should be interpreted broadly so that an extensive physical connection to the bribery act is not required.”
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