Balancing The Economic Interest In Dealing With The Risks Of Commercial Bribery

The United States Foreign Corrupt Practices Act (hereafter named "FCPA") enacted since 1977 and it has become one of the world's most influential laws in the prevention and cure of foreign officials'corruption and commercial bribery. At the same time, the Act has become a referred and guiding compliance standard for many multinational companies on the company's internal governance, commercial bribery and building up ethics and compliance system.The US Department of Justice and Securities and Exchange Commission have continuously strengthened its FCPA enforcement, including imposing civil and criminal penalties to the companies and people who involved in violations of the Act. The huge fine to the company has become one of the most intimidating ways of sanction. As the for-profit multinational companies, they have to take into account the balance in the economic interests, to consider both in order to meet the governance of commercial bribery and the enormous compliance costs caused by strengthening the prevention, also want to consider may face huge fines due to violations, and also consider significant benefits such as company reputation, so the company management needs arrangements for the best balance of the maximum economic interest. The company, in turn, can plan and strengthen it as a key advantage of enterprise competition, to ensure the sustainable development of company, thus outpace in the fierce business competition.In this paper, we focus on the United States Foreign Corrupt Practices Act and especially give special comments for multinational enterprises on compliance measures to prevent risks of commercial bribery and the causes of these measures were described in depth, and measure how much enterprise should invest in risk prevention on commercial bribery by risk-control based methodology, finally to set forth the best solution on balancing economic interests for enterprise to deal with the risk.