Expound On The U.S. Foreign Corrupt Practices Act And Its Enlightenment

With the continuous progress of the transnational development ofChinese enterprises, many China stocks listed in the United States. Which notonly need to comply with domestic securities laws and regulations, but alsoto comply with U.S. securities regulations. In the laws and regulations, FCPAnow has become all multinational listed companies in U.S. must pay closeattention to. Therefore, how to comprehensive and correct understanding ofthe relevant provisions of the FCPA, is very important to the Chinesecompanies listed in the U.S. to avoid huge penalties.For the listed companies in U.S. could better understand and apply theFCPA,2012November14, the DOJ and the SEC jointly issued the latestguide of the FCPA. The guide summarized judicial practice of recent years,gave clearer explanations of the provisions, which could provide a clearerguidance to the listed companies in compliance with FCPA.In this paper,through the detailed interpretation of the latest guide of the FCPA, and combined with typical case analysis in recent years, I want to give a detailedanalysis on the PCPA and put forward some views and suggestions to thelisted companies in U.S.This paper is divided into four chapters except the guide implication.The first chapter introduces the background of the U.S "Foreign CorruptPractices Act ", the revision and implementation of the Act, while thebackground and the basic framework of the latest guide of the FCPA.The second chapter introduces comprehension of the anti-briberyprovisions of the FCPA, which are summarized as four aspects: First, Who iscovered by the anti-bribery provision in FCPA; Second, definition of the"bribery subjective" in FCPA; Third, identification of the "bribery andobject" in FCPA; Finally, identification of the "bribery subject" in FCPA. Inthe interpretation of the relevant concepts in the guide, the article alsocombined with case analysis and discussion.The third chapter introduces interpretation of the accounting provisionsand the major sanctions of the FCPA. Accounting provisions include "theaccounts and records of the terms","the internal control provisions ",combined with case analysis. In addition, in the paper describes the LegalPrinciples of Corporation Liability, and introduces the major sanctions inFCPA, including criminal penalties and civil penalties. The fourth chapter puts forward enlightenment of compliance operationfor China’s listed companies in the United States, by summarizing thedevelopment trend of the FCPA in recent years.