U.S. Policies, Procedures, and Regulations

COI Form Defintions

Combined POBC/COI form

Foreign Corrupt Practices Act of 1977

Foreign Corrupt Practices Act of 1977 (FCPA) is primarily know for two of its main provisions, one that addresses accounting transparency requirements under Securities Exchange Act of 1934, and another concerning bribery of foreign officials;
The Anti-Bribery Provisions of the FCPA prohibit the following from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official to obtain or retain business:
- U.S. companies;
- U.S. citizens, nationals or residents;
- foreign companies listed on a U.S. stock exchange;or
- any person acting while in the U.S.
The FCPA is jointly enforced by the Department of Justice (DOJ) and the SEC.
Proof of a U.S. territorial nexus is not required for the FCPA to be implicated against U.S. companies and citizens.
FCPA violations can, and often do, occur even if the prohibited activity takes place entirely outside of the United States.
Business leaders must be knowledgeable about all business activity, including activity that takes place thousands of miles away from corporate headquarters.
For more information on Foreign Corrupt Practices Act visit the United States Department of Justice’s Web site.

U.S. Antitrust Law is a body of laws that prohibit unfair business practices and anti-competitive behavior (monopolies).
These laws are designed to encourage competition in the marketplace.
Practices that violate standards of ethical behavior, or deemed to hurt businesses, customers or both, are made illegal under these competition laws.
In hopes of preventing market failure, private litigants, along with government agencies known as competition regulators, apply the antitrust and consumer protection laws.
For more information on the anti-trust laws visit the Federal Trade Commission’s Web site.

ITAR is a set of United States government regulations that control the export and import of defense-related articles and services on the United States Munitions List.
ITAR regulations state that any information or material pertaining to military and/or defense related technologies can only be shared with United States organizations or persons unless Department of State gives authorization or a special exemption is used.
U.S. Persons or organizations who provide foreign persons access to ITAR-protected defense articles, services or technical data can face heavy fines if they are found to have given this information without authorization or without using a special exemption.
The list of ITAR-controlled defense articles, services and technology changes. To view the current list, refer to The United States Munitions List.
There are some exceptions as to what information ITAR applies:
- any information that is legitimately in the public domain;
- general scientific, mathematical or engineering principals that is generally taught in schools and colleges;
- general marketing information; or
- basic system descriptions.
More information regarding ITAR can be found on U.S. Department of State’s Web site.

During the mid-1970s the United States adopted two laws that seek to counteract the participation of U.S. citizens in other nation's economic boycotts or embargoes.
These "anti boycott" laws are the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA).
The anti boycott laws were adopted to encourage, and in specified cases, require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction.
They have the effect of preventing U.S. firms from being used to implement foreign policies of other nations which run counter to U.S. policy.
For more information on Anti-Boycott Compliance, please view The Bureau of Industry and Security Web pages.

The Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.
OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under US jurisdiction
For more information OFAC as it pertains to IEEE visit IEEE and United States Office of Foreign Assets Control.
Visit U.S. Department of the Treasury for more information on OFAC including:
- Specially Designated Nationals List (SDN List);
- Counter Terrorism Sanctions;
- Non-proliferation Sanctions;
- Cuba Sanctions;
- Other OFAC Sanctions Programs;
- Recent OFAC Actions;
- OFAC Forms; and
- other important information.

Trafficking is any act involving recruiting, harboring, receiving, transporting, or transferring a person through use of force, coercion or any other means for the purpose of exploiting someone.
Human trafficking is considered a crime against humanity.
Every country is affected by trafficking whether as a country of source, transit or destination for victims.
- Source country: a country from which people are trafficked.
  - Usually, these countries are destitute and may have been further weakened by war, corruption, natural disasters or climate.
- Transit country: a temporary stop on trafficked victims’ journey to the country where they will be enslaved.
- Destination country: where trafficked persons end up.
  - These countries are generally affluent, since they must have citizens with enough disposable income to "buy" the traffickers' "products".
Each year thousands of men, women and children fall into hands of traffickers in their own countries and abroad.
- Approximately 70% are women and girls
- Approximately 50% are minors
For more information on Trafficking please visit the following websites:
United States Agency for International Development
Department of Defense
United State Department of Labor

Questions about these United States policies and practices as they relate to IEEE may be addressed to ieee-corporate-compliance@ieee.org