What Does the Foreign Corrupt Practices Act Consider to be Bribery?

Posted on September 3, 2009 - Filed Under Government

In this age of corruption, and this age of the battle against corruption, the question that arises when dealing with foreign customs and rituals, is just what does the governing body set out by the Foreign Corrupt Practices Act deem as bribery? The Act defines acts of bribery as payments made to or from foreign government officials which constitute the attempt to maintain or to acquire business in that country or with that government. A gift or payment at this time, to a corporate officer or a corporation that is not connected with the government, one that is in the private sector, is not precluded.

Similarly gifts or tokens given to those in foreign governments whom have no authority over the possibility of maintaining or being awarded with enhanced business opportunities are also not in violation of the act. Bribery is still bribery, even when given another name, and if a foreign official is serving as one’s agent and it can be proven that the gift was a commission, for their assistance in gaining any sort of contract one will not be immune from the sanctions and the investigations of the Act.

In an act under investigation recently, concerning the promise to a member of the ministry of a foreign governmental office, which involved the promise made by a United States company to insure the American schooling of the officials daughter, wherein the company was found innocent of corruption charges, it was evident of the aggressive nature of the Department of Justice. And their continued monitoring of favors and gifts of any kind. Now, there is a degree of legal latitude concerning circumstances wherein the payments made to officials of the government do not violate the laws of the FCPA, these are known as grease payments.

Even though these kind of payments are made in order to ensure continued business opportunities, due to the fact that they are made in an attempt to secure or expedite an otherwise lawful transaction, they are exempt. It is often times difficult to distinguish what constitutes a bribe wherein cultural differences are concerned, but policies are clear and there are experts to consult should one be curious as to their own actions, and the consequences of those actions.

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