The Foreign Corrupt Practices Act

1320 Words May 16th, 2015 6 Pages
I. Introduction
The Foreign Corrupt Practices Act (“FCPA”) is the first globally enforcing statute making anti-corruption effort in the world. It has been known for the broad enforcement coverage in terms of the worldwide governing jurisdiction and anti-gaming legislative approach leading to a long time debates and discussions among practitioners and law commentators. This paper will focus on improving one of the undefined and broadly interpreted terms - “instrumentality” in the anti-bribery provisions of FCPA which essentially serves as the catch-all legislative device to prevent gaming, however, on the other hand, leaving problems in terms of ambiguity in interpretation. This paper will first provide an overview of the FCPA. Second, this paper will explain the global enforcement impact for the multi-national businesses. Thirdly, this paper will discuss the importance and problems of the term “instrumentality” applied in the anti-bribery provisions of FCPA. Then, this paper will try to identify the essence of “instrumentality” and its related problems through studying relevant cases. Finally, this paper will offer solutions in order to solve the current problems related to “instrumentality” interpretation and draw the conclusion. For the purpose of narrowing the focus of this paper, the discussion and analysis will be mainly based on the anti-bribery provisions of FCPA regulating the issuers.

II. Overview of FCPA
A. Triggering Events of Enacting FCPA
Back to 1970s,…
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