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Analysis: FCPA to FEPA—You Complete Me

Jan. 20, 2021, 7:18 PM

U.S. corruption laws need a fix, and Congress may finally have the impetus to do something about it with a new administration that favors more regulations. One necessary change is to fill a gap in the U.S.’s preeminent law on bribery, the Foreign Corrupt Practices Act (FCPA).

The FCPA was enacted in 1977 primarily to prohibit bribes to foreign officials designed to gain an “improper business advantage.” The act strictly criminalizes the supply side of a bribe (entity or individual offering the bribe), but not the demand side (entity or individual receiving the bribe). Significant amendments made in 1988 and ...