The guidance jointly issued by the Department of Justice and the Securities & Exchange Commission on Wednesday on the Foreign Corrupt Practices Act isn’t a difficult read, and anyone who practices in this area has presumably already devoured the 130-page document.
But for those who haven’t yet redlined the entire thing, we’re here to help. Below are a collection of the more interesting and helpful tidbits from the guidance.
Defining “Anything of Value”:
In enacting the FCPA, Congress recognized that bribes can come in many shapes and sizes—a broad range of unfair benefits—and so the statute prohibits the corrupt “offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to” a foreign official.