DOJ and SEC Update FCPA Resource Guide
In early July 2020, the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) released the second edition of their joint guidance on the U.S. Foreign Corrupt Practices Act (“FCPA”), A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “updated Resource Guide”). The updated Resource Guide is the first new edition since the initial release of the joint guidance in November 2012 and the first update since June 2015. While much of the updated Resource Guide remains the same, DOJ and SEC have revised the guidance to reflect recent case law, DOJ policies and enforcement actions. Perhaps most notable are changes made to account for the Second Circuit’s 2018 decision (in United States v. Hoskins) relating to anti-bribery jurisdiction over non-U.S. nationals based on conspiracy or accomplice liability. The updated Resource Guide also references a number of recent DOJ policies related to corporate compliance programs and enforcement; provides guidance with respect to anti-corruption compliance in the context of merger-and-acquisition due diligence; and makes several other changes that companies, individuals and compliance professionals may find helpful in addressing potential FCPA compliance risks.