Foreign Corrupt Practices Act (FCPA)

Which of the following entities would not be subject to the anti-bribery provisions of the FCPA?

A foreign company conducting business outside of the U.S.

FCPA violations can result in which of following?

All the below: ¨ Imprisonment and individual fines ¨ Civil penalties for individuals and organizations ¨ Corporate fines

An exception to the FCPA's anti-bribery prohibition exists for "grease payments" or payments to facilitate or expedite performance of "routine governmental action". Which of the following is NOT considered "routine governmental action" as defined by the FCPA?

Awarding a public construction contract

Which of the following would most likely be considered a bribe under the FCPA?

Excessive commissions paid to a consultant negotiating with foreign officials on behalf of the company.

Which entity is responsible for criminal enforcement of the FCPA's anti-bribery provisions?

The Department of Justice (DOJ)

Which of the following circumstances describes a situation in which a payment to a foreign official may be allowable as an exception to the anti-bribery provisions of the FCPA?

The payment was lawful under the written laws of the foreign country.

Which of the following statements about the FCPA's books and records provisions is false?

They were designed to operate independently of the FCPA's anti-bribery provisions.

Which of the following statements regarding the FCPA is true?

To violate the FCPA, a payment or an offer of payment to a foreign official must be made with "corrupt intent."

According to the FCPA, a bribe is _________________ exchanged in an attempt to influence a foreign official.

anything of value

The requirement that payments be intended to "induce or influence a foreign official to use his or her position to obtain or retain business" in order to violate the FCPA is known as the ______________________

business purpose test

Foreign companies that are prohibited from receiving corrupt payments because they are owned or operated by a foreign government are known as _____________________.

instrumentalities

The burden of proof lies with a company to show that "entertainment expenses" are _____________________.

reasonable and bona fide business expenses