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Erbstoesser Eugene R.; Sturc John H.; Chesley John W.F. 《Capital Markets Law Journal》2007,2(4):381-403
The first 150 words of the full text of this article appear below. Key points
1. Primer on the Foreign Corrupt Practices Act
What is the Foreign Corrupt Practices Act The Foreign Corrupt Practices Act, known in common parlanceas the FCPA, is a US law passed in 1977 in response to widespreadinternational corruption involving US-based corporations and. . . [Full Text of this Article]The anti-bribery provisions The accounting provisions To whom does the Foreign Corrupt Practices Act apply What are the consequences of violating the Foreign Corrupt Practices Act
2. Recent FCPA enforcement
Omega Advisors Si Chan Wooh Baker Hughes Dow Chemical El Paso Vetco International Statoil
3. International foreign bribery enforcement
International conventions against foreign bribery International prosecutions for foreign bribery Oil-for-Food programme investigations (multi-national) Siemens (Germany) BAE Systems (UK and US)
4. Special focus—acquisition due diligence
The principle of successor liability Due diligence checklist
5. Conclusion
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- Securities regulators and law enforcement authoritiesare increasingly active in the application of anti-bribery lawsin the global environment. This renewed emphasis on rootingout transnational corruption has substantial implications forparticipants in the global capital markets engaged in cross-bordermergers and acquisitions.
- More than ever, there is a risk thattransactions improperly structured or subjected to inadequatedue diligence may result in unexpected criminal or civil liabilitiesof unprecedented scope and severity.
- This article is intendedas a brief primer on the essentials of the Foreign Corrupt PracticesAct a summary of the most current global developments in globalanti-bribery enforcement, and basic guidance on the due diligenceefforts that prudent participants in a cross-border transactionshould consider.
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