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Liability of U.S. Companies for Alleged Bribery By Foreign Subsidiaries

The Foreign Corrupt Practices Act (FCPA) provides two avenues by which a U.S. concern can be prosecuted for improper payments to foreign officials: the anti-bribery provisions, and the books-and-records and internal-control provisions. Somewhat unclear, however, is the kind of involvement in a foreign subsidiary a U.S. parent must have such that it might be exposed to criminal or civil enforcement. This article explores liability for misconduct of foreign subsidiaries and what preventive measures a parent can take.

21 minute read July 28, 2005 at 01:09 PM
By
Jacqueline C. Wolff and Keith Lieberthal
Liability of U.S. Companies for Alleged Bribery By Foreign Subsidiaries

The Foreign Corrupt Practices Act (FCPA) provides two avenues by which a U.S. concern can be prosecuted for improper payments to foreign officials: the anti-bribery provisions, and the books-and-records and internal-control provisions.

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