UNDERSTANDING THE ANTI-BRIBERY PROVISIONS OF THE FOREIGN CORRUPT PRACTICES ACT (FCPA) 1977– PART II

Foreign businesses and local companies that deal with US registered companies, issuers, domestic concerns, citizens or organisations operating in different countries including Nigeria are increasingly realizing the need to comply with the FCPA in order to save their affiliate or parent US companies from prosecution or huge civil sanctions.

What Actions are prohibited by the Anti-bribery Provisions of the FCPA?

The FCPA has indicated activities it has prohibited and those it has not prohibited, which covered companies (as explained in the first article) should take serious note of;
It is unlawful for any covered company or any officer, director, employee, or agent of such covered company or any stockholder acting on behalf of any covered company, to;

  • Influence a public officer’s decision(s) or actions by paying bribes in order to obtain or retain business;
  • Influence a public officer to do or omit to do any act in violation of his/her official duty;
  • Make any payment in order to secure an improper advantage;
  • Knowingly falsify an issuer’s books and records to hide the nature and purpose of any improper payment;
  • Influence foreign political party or official or any candidate for political office;
  • Give anything of value to any person knowing that all or a portion of such money will be offered, given, or promised, directly or indirectly, to any officer, political party, its official, or a candidate for political office.

This aims to prevent companies from facilitating bribe payments through agents, consultants or other third parties.

Prohibited Actions in the Nigerian ContextRead more

 

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