Emory Corporate Governance and Accountability Review


Thomas R. Fox


Donald Trump has gone on the record as saying the Foreign Corrupt Practices Act (FCPA) is a 'horrible law and it should be changed' and that it puts US businesses at a 'huge disadvantage.' What does all of this and a Trump administration mean for FCPA enforcement and, more importantly, FCPA compliance going forward? The US Foreign Corrupt Practices Act has been shown to be the world's leading tool in the fight against bribery and corruption. Any US company doing business outside the US is subject to the FCPA and must have an effective compliance program to be in compliance with the law. Yet this same law also protects US companies overseas in variety of ways, such as providing clear protections that US companies do business ethically and without resorting to bribery and corruption. The law also fosters US foreign policy, economic and legal interests abroad. FCPA enforcement and the compliance profession should not be eviscerated by the incoming administration as it is not in either the US government's nor US business's interest to do so.