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

By Jacqueline C. Wolff and Keith Lieberthal
July 28, 2005

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.

Anti-Bribery Provisions

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