51 Vand. J. Transnat'l L. 625 (2018)
Tweet to Defeat Government Bribes: Limiting Extraterritorial Jurisdiction under the Foreign Corrupt Practices Act to Combat Global Corporate Corruption

handle is hein.journals/vantl51 and id is 645 raw text is: 




   Tweet to Defeat Government

Bribes: Limiting Extraterritorial

Jurisdiction under the Foreign

Corrupt Practices Act to Combat

   Global Corporate Corruption


                       ABSTRACT

     Congress enacted the Foreign Corrupt Practices Act (FCPA)
 in the 1970s to address the rampant bribery of foreign officials by
 US  companies. Because  that resulted in  a  competitive
 disadvantage to US   companies in  the global corporate
 community, Congress amended the Act to add  78dd-3, which
 extended the FCPA's  jurisdiction to foreign entities and
 individuals whose alleged offenses had occurred within the
 United States. This led to a vast overall increase in enforcement
 matters, but foreign entities and individuals have been impacted
 the most, even if their actions have had virtually no connection to
 the United States. Not only have current enforcement patterns
 risked the reputation of the United States by infringing on other
 states' sovereignty, but they have also resulted in increased costs
 to US agencies. This Note addresses these issues by discussing the
 historical evolution of the FCPA and potential future enforcement
 patterns by the Trump administration. It then rejects the recent
 enforcement patterns and advises President Trump-as well as
 future administrations-to adopt more strategic enforcement
 practices. Specifically, it argues that the Trump administration
 should read  78dd-3 literally and ban FCPA matters against
 foreign entities and individuals whose actions have virtually no
 connection to the United States. It also argues that President
 Trump and his senior officials at the State Department should
 engage in public diplomacy to tackle global corporate corruption.
 Finally, it suggests that President Trump invoke the OECD
 Convention to aid his public diplomacy campaign.


625

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