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39 B.U. Int'l L.J. 207 (2021)
A Temporary Solution: Using the FCPA to Criminalize Modern Slavery

handle is hein.journals/builj39 and id is 219 raw text is: A TEMPORARY SOLUTION: USING THE FCPA TO CRIMINALIZE MODERN SLAVERY SHIRLEY DUQUENE' ABSTRACT Multinational corporations perpetuate and directly benefit from human rights abuses, such as modern slavery, in their supply chains. While many other countries have joined the trend of enacting anti-modern slavery legislation, under current federal United States law, it is difficult to hold corporations criminally liable for human rights abuses committed abroad. However, anti-corruption statutes have been aggressively enforced by the DOJ, SEC, and their foreign counterparts. Corruption plays an essential role in facilitating modern slavery in global supply chains. After describing the various ways corruption is used by enslavers, this paper argues that prosecutors can use the Foreign Corrupt Practices Act as a tool to criminalize modern slavery in the supply chains of multinational corporations and encourage corporations to improve their modern slavery compliance efforts. Because prosecutors may not be willing or able to enforce the FCPA in certain circumstances due to tenuous jurisdictional links, this paper will also briefly explore liability under other existing laws as well as propose amendments to the FCPA and the federal modern slavery bill to fill the liability gaps. CONTENTS INTRODUCTION.......................................................................................... 208 I. RELATIONSHIP BETWEEN CORRUPTION AND MODERN SLAVERY......... 210 II. LIABILITY FOR MODERN SLAVERY UNDER THE FCPA ........................ 215 A. The Rise and Success of the Foreign Corrupt Practices Act..... 215 B. The FCPA Anti-Bribery Provisions ........................................... 216 C. The FCPA Accounting Provisions ............................................. 222 D. Case Study: Apple's Use of Forced Labor and Child Labor .... 227 III. IMPROVING OTHER LAWS TO DISCOURAGE MODERN SLAVERY........ 230 * J.D. Candidate, 2021, Boston University School of Law; B.A. Economics and French, 2017, Amherst College. The author would like to thank the editorial staff of the BUILJ, Lecturer Babak Bograhty, Associate Professor Kish Parella, and Danielle Pelfrey Duryea, Director of the Compliance Clinic for their helpful input. 207

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