ACC3323 (15051) Homework 1- Dua Qureshi

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Accounting

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Apr 3, 2024

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The Foreign Corrupt Practices Act (FCPA): A Comprehensive Overview Dua Qureshi Thomas Jackson ACC3323 June 11, 2023
Introduction The Foreign Corrupt Practices Act (FCPA) is a significant legislation enacted by the United States government to combat corruption and bribery in international business transactions. This research paper aims to provide a comprehensive understanding of the FCPA, including its history, primary purpose, prohibitions, scope of application, penalties, indicators of violations, and the cultural relativity of corruption. I. History of the Foreign Corrupt Practices Act (FCPA) The FCPA was enacted in 1977 by the United States Congress in response to growing concerns about the widespread bribery of foreign officials by U.S.-based corporations. The legislation was a response to the revelations of numerous illegal payments made by U.S. companies to foreign government officials to secure business advantages (United States Department of Justice, 2020). II. Primary Purpose of the FCPA The primary purpose of the FCPA is to prohibit bribery and corrupt practices in international business transactions. It aims to maintain fair and transparent business practices, preserve the integrity of markets, and promote confidence in the international financial system (United States Securities and Exchange Commission, 2020). The FCPA seeks to level the playing field by preventing unfair advantages gained through bribery. III. Prohibitions under the FCPA The FCPA consists of two main provisions: the anti-bribery provision and the accounting provisions.
1. Anti-Bribery Provision: This provision prohibits the bribery of foreign officials, political parties, or candidates to obtain or retain business or secure an improper advantage. The act applies to individuals, companies, and their officers, directors, employees, agents, and shareholders acting on their behalf (United States Department of Justice, 2020). 2. Accounting Provisions: These provisions require companies to maintain accurate and transparent records and establish internal accounting controls. They also mandate companies to maintain a system of books and records that accurately and fairly reflect the company's transactions and assets (United States Securities and Exchange Commission, 2020). IV. Scope of Application of the FCPA The FCPA has a broad reach, applying to both U.S. companies and foreign companies whose securities are listed on U.S. stock exchanges. Additionally, individuals and businesses that act within U.S. territory, even if they are non-U.S. citizens or entities, fall under the jurisdiction of the FCPA (United States Department of Justice, 2020). V. Maximum Penalty under the FCPA The FCPA imposes significant penalties for violations. For individuals, criminal penalties can include fines of up to $5 million and imprisonment for up to 20 years. Companies can face fines of up to $25 million for each violation of the anti-bribery provisions and fines of up to $25 million for each violation of the accounting provisions (United States Securities and Exchange Commission, 2020). VI. Indicators of FCPA Violations
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