[20200629]IF11588_《反海外腐败法》（FCPA）：概述.pdf

https:/crsreports.congress.gov June 29, 2020The Foreign Corrupt Practices Act (FCPA): An OverviewThe Foreign Corrupt Practices Act (FCPA) of 1977 generally prohibits corrupt payments to foreign officials in exchange for obtaining or retaining business. Congress enacted the FCPA in response to an investigation conducted by the Securities and Exchange Commission (SEC) following the Watergate scandal. That investigation revealed that U.S. companies had spent hundreds of millions of dollars bribing foreign officials to secure business abroad. The FCPA targets such practices through both anti-bribery and accounting provisions. Anti-Bribery Provisions The FCPAs anti-bribery provisions generally prohibit making corrupt payments (or giving anything of value) to a foreign official to obtain or retain business. Who is covered? The anti-bribery provisions apply to the following categories of persons and entities, as well as to their officers, directors, employees, agents, or stockholders acting on their behalf. 1. Issuers (15 U.S.C. 78dd-1): companies that have securities registered with the SEC or that must file reports with the SEC; 2. Domestic concerns (15 U.S.C. 78dd-2): U.S. citizens or