ACC3323-01 (14519) Homework1-Elisena Gutierrez

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Lone Star College, CyFair *

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3323

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Accounting

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Feb 20, 2024

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docx

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1 Foreign Corrupt Practices Act Elisena Gutierrez Department of Accounting, University of Houston Downtown ACC 3323: International Accounting Professor Thomas Jackson June 12 th , 2022
2 Abstract The Foreign Corrupt Practices Act (FCPA) is an act that was passed in 1977 to prevent the payment of bribes to foreign officials to acquire or maintain business. Bribes include the offer, pay, or promise to pay money or anything of value including gifts. It was passed after the Securities Exchange Commission (SEC) found over 400 companies that made bribes to foreign officials during the 1970s. The FCPA was intended to be used to cut down on the international corruption in the world. It is enforced by both the SEC and Department of Justice (DOJ) and applies to prohibited conduct anywhere in the world by both public and private companies. Punishments for violating the FCPA can include corporations having to pay back double the amount that they would have benefited from the bribery and up to five years in prison for individuals who violate the FCPA. Different countries will have different ideas around what they consider corruption however the FCPA is a U.S. law to prevent what the United States has identified as corruption. Keywords: FCPA, corruption, SEC, foreign officials
3 The Foreign Corrupt Practices Act is a United States law enacted in 1977 to prevent a U.S. person or business from paying a bribe to a foreign official in order to obtain or retain business (Mendel, 2021). The FCPA was enacted during the 1970s due to the widespread bribery of foreign officials by U.S. companies. In 1974, the issue of foreign bribery was discovered by investigations led by the Watergate Special Prosecutor into illegal domestic campaign contributions (Mendel, 2021). The SEC made inquires into these contributions and realized they were made because of falsified financial records and secret funds companies created to make these corrupt payments to both domestic and foreign officials. The SEC continued to investigate from 1974 to 1976 and found that over 400 U.S. corporations were guilty of bribing foreign public officials and out of those 117 were from the Fortune 500 (Mendel, 2021). The SEC sent these findings to congress who eventually passed the Foreign Corrupt Practices Act and it was signed into law by President Jimmy Carter on December 19 th , 1977 to put a stop to these briberies. The act gained a lot of support from American companies because they couldn’t compete with foreign markets where bribery was accepted (Kenton, 2022). The primary purpose of the FCPA is to prevent bribery and corruption internationally. It is to stop U.S. companies from paying bribes to foreign officials to enable business dealings. These practices were already unethical before and this act makes them illegal as well. The FCPA contains policies that outline how to govern publicly traded companies and their employees (Kenton, 2022). The act also has a section that outlines accounting transparency guidelines that these companies must follow to help ensure that they are operating legally and make it difficult for them to make illegal payments (Kenton, 2022). The FCPA is enforced by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) (Kenton, 2022). The SEC contains a special unit dedicated to only focusing on matters related to the FCPA (Kenton, 2022).
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