Guidance on the guidance: what the SEC and DOJ resource guide to the FCPA means for multi-national companies - .PDF file.
After a year of waiting, the Department of Justice and Securities and Exchange Commission issued A Resource Guide to the US Foreign Corrupt Practices Act on 14 November 2012. At 120 pages, the Guidance provides a detailed and well-researched primer on the development of U.S. anti-corruption law and policy. Although non-binding, the Guidance provides the most thorough and thoughtful summary of US regulatory authorities’ current thinking about FCPA enforcement. Not surprisingly, it confirms that the DOJ and SEC read the FCPA broadly, and that enforcement of the statute against US and foreign companies will continue into the foreseeable future.
Click on the link above to download this Latham & Watkins briefing.