Will Trump Dismantle Law Against Foreign Bribery?

Donald Trump told CNBC in a 2012 interview that “this country is absolutely crazy” to prosecute alleged violations of the U.S. Foreign Corrupt Practices Act (FCPA) in places like Mexico and China. He said the anti-bribery law puts U.S. companies at a huge disadvantage, according to Houston lawyer, author and compliance consultant Thomas Fox. Dismantling the 39-year-old law against bribing foreign businesses and governments is a terrible idea, said Mr. Fox, who operates the FCPA Compliance Report website. “Not only does it ensure that American companies are operating honestly, it also is an effective tool to promote U.S. business overseas. And the settlements and fines paid by companies caught violating it help pay for the enforcement of this program. At the same time, the FCPA is used along with another federal law to combat terrorism. In reality, it is doubtful that Trump would seek to outright reject the FCPA. What seems more likely is the U.S. Chamber of Commerce and similar business interests will seek to limit the reach of the law by amending it to add a defense for better compliance and perhaps limit the use of the law against state-owned enterprises.

For more information, contact Kit Frieden at kit@androvett.com or 800-559-4534.

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