Defending the FCPA
United Nations Treaty bodies and special procedures have noted the link between corruption and human rights, stating that where corruption is widespread, human rights are subject to abuse. The Foreign Corrupt Practices Act (FCPA) is a crucial tool to curb such corruption, and the fight against corruption is central to the protection of human rights.
Congress initially enacted the FCPA to bring such practices to a halt and to restore public confidence in the integrity of the American business system. Thus, the anti-bribery provisions of the FCPA make it unlawful for a U.S. person and certain foreign issuers to make corrupt payments to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. Since implementing legislation enacted in 1998, the FCPA also applies to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the US.
ICAR, working together with civil society partners, works to defend the FCPA from amendment and attack.
Analysis and Updates
Why the Foreign Corrupt Practices Act is GOOD for Business
- The FCPA levels the playing field and helps ensure fair competition
Bribery distorts competition and rewards those who cannot compete in an open and fair market.[i] As Congress recognized, bribery “…rewards corruption instead of…
Why the Foreign Corrupt Practices Act is NOT BAD for Business
- Compliance programs created to detect and prevent FCPA violations enable companies to operate with integrity in corrupt markets
In today’s market, consumers and investors want to know if a company is operating in a socially responsible manner. Compliance…
ICAR Advocacy Letter: Defending the FCPA
Dear Congressman,
On behalf of the International Corporate Accountability Roundtable (“ICAR”), a coalition of human rights groups including Amnesty International, Global Witness, Human Rights Watch, Human Rights First and EarthRights International, we submit this letter to indicate our strong defense…
Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act
Date: September 2011
This report examines the current efforts in Washington, D.C., to amend the Foreign Corrupt Practices Act (FCPA), a law that forbids U.S.-based companies from bribing foreign officials.
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Anti-bribery legislation under attack in the US
by Katie Shay
In 1977, the United States took a powerful first step in curbing global corruption by passing the Foreign Corrupt Practices Act. The law aims to remove the incentive for bribery, and does so by creating both criminal…
Broad Coalition of 33 Civil Society and Socially Responsible Investment Leaders Call on Congress to Refrain from Introducing Legislation Amending FCPA
ICAR along with more than 30 civil society and business groups, including human rights and anticorruption organizations, sent a letter to every member of the U.S. House of Representatives and U.S. Senate expressing their opposition to any efforts to…