February 8, 2010

Baker Botts Office

FCPA Update

Fighting Back Against Corrupt Foreign Officials

Baker Botts’ lawyers Julia Guttman, David Powers and Laura Davis write about one of the continuing frustrations in the Foreign Corrupt Practices Act area, the inability to convince corrupt foreign officials why bribery has consequences for them under U.S. law, in Law360 on February 5, 2010.

A little-known State Department power may provide at least one example that will cause foreign officials to rethink payment demands prohibited by the FCPA. A 2004 Presidential Proclamation and subsequent supporting congressional legislation, originally passed in 2007, permit U.S. officials to revoke the U.S. visas of foreign officials who have reportedly solicited bribes. Awareness and careful citation of these provisions may provide U.S. businesses a valuable tool in dissuading foreign officials who solicit bribes.

To read the full article please click here.

 

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