Skip Navigation


Capital Markets Law Journal Advance Access originally published online on September 24, 2007
Capital Markets Law Journal 2007 2(4):381-403; doi:10.1093/cmlj/kmm025
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
2/4/381    most recent
kmm025v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Erbstoesser, E. R.
Right arrow Articles by Chesley, J. W.F.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© The Author (2007). Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

The FCPA and analogous foreign anti-bribery laws—overview, recent developments, and acquisition due diligence

Eugene R. Erbstoesser, John H. Sturc and John W.F. Chesley*
* Eugene R. Erbstoesser is the Deputy General Counsel of Ernst & Young Global Ltd in London; John H. Sturc is a partner and John W.F. Chesley is an associate, in the Washington, DC office of Gibson, Dunn & Crutcher LLP.

The first 150 words of the full text of this article appear below.


Key points

  • Securities regulators and law enforcement authorities are increasingly active in the application of anti-bribery laws in the global environment. This renewed emphasis on rooting out transnational corruption has substantial implications for participants in the global capital markets engaged in cross-border mergers and acquisitions.
  • More than ever, there is a risk that transactions improperly structured or subjected to inadequate due diligence may result in unexpected criminal or civil liabilities of unprecedented scope and severity.
  • This article is intended as a brief primer on the essentials of the Foreign Corrupt Practices Act a summary of the most current global developments in global anti-bribery enforcement, and basic guidance on the due diligence efforts that prudent participants in a cross-border transaction should consider.

 


   1. Primer on the Foreign Corrupt Practices Act
 
What is the Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act, known in common parlance as the FCPA, is a US law passed in 1977 in response to widespread international corruption involving US-based corporations and . . . [Full Text of this Article]

The anti-bribery provisions
The accounting provisions
To whom does the Foreign Corrupt Practices Act apply
What are the consequences of violating the Foreign Corrupt Practices Act

   2. Recent FCPA enforcement
 
Omega Advisors
Si Chan Wooh
Baker Hughes
Dow Chemical
El Paso
Vetco International
Statoil

   3. International foreign bribery enforcement
 
International conventions against foreign bribery
International prosecutions for foreign bribery
Oil-for-Food programme investigations (multi-national)
Siemens (Germany)
BAE Systems (UK and US)

   4. Special focus—acquisition due diligence
 
The principle of successor liability
Due diligence checklist

   5. Conclusion
 

Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?