February 05, 2016

In this article, Jenner & Block Partners Nicholas R. Barnaby and Jessie K. Liu and Associate Emily A. Bruemmer examine how the US Department of Justice could use the United States’ international treaty obligations to “push the boundaries of the already expansive” Foreign Corrupt Practices Act (FCPA).  The article explains that the United States is a signatory to the Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; like the FCPA, the OECD is intended to combat foreign bribery.  But there are differences between the two, and the authors analyze how these differences can shed light on the meaning of important FCPA provisions.