The FCPA is emblematic of the serious problem of overcriminalization. While it seeks to prevent and redress serious misconduct, its language and application have led to unintended consequences. Many organizations, from both the left and the right, are now calling for some much-needed commonsense reform of the statute, particularly reforms that will strengthen its mens rea requirements and bring clarity, uniformity and fairness to its enforcement. This page contains materials from the Department of Justice (DOJ) on the FCPA.
NACDL News Release: "DOJ and SEC Issue Non-Binding 'Guidance' on Foreign Corrupt Practices Act Enforcement
," Nov. 14, 2012.
NEW! DOJ and SEC FCPA Guidance (pdf), Guidance Fact Sheet (pdf) and DOJ Statement on the Release of the Guidance, DOJ Justice News, November 14, 2012.
NEW! Assistant Attorney General Breuer's Remarks at IBC Legal's World Bribery & Corruption Compliance Forum (html) (pdf)
DOJ Press Releases & Statements
Statement of Acting Deputy Assistant Attorney General Greg Andres Before House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, June 14, 2011.
Statement of Acting Deputy Assistant Attorney General Greg Andres Before Senate Judiciary Subcommittee on Crime and Drugs, November 30, 2010.
Assistant Attorney General Lanny A. Breuer Speaks at the 24th National Conference on the Foreign Corrupt Practices Act, November 16, 2010.
Prepared Remarks of Alice S. Fisher, Assistant Attorney General at the American Bar Association National Institute on the Foreign Corrupt Practices Act, October 16, 2006.
Statute and Regulations
Lay-Person’s Guide (PDF)
Opinion Procedure Regulations (PDF)
Opinion Procedure Releases