This page should be used as a reference on some important U.S. policies, procedures, and regulations. For an official detailed description of the policies, please click on the links to the government web sites included in each description.
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. 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.
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 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