Importance of intent under FCPA
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Hello and welcome to today's webinar hosted by me, Joe Boyhan of MCO, and Paul Murdock of MCG Compliance Services. Today, we're going to be looking at the Foreign Corrupt Practices Act or the FCPA.
I now want to pass you on to Paul, who's going to start today's webinar.
So, there's also business purpose tests, and the FCPA applies only to payments intended to influence a foreign official to use his or her position in order to assist and obtain or retain it's business before a company, or direct in business to any persons. So, the business purpose test has been broadly interpreted to include bribes made in course of business, to gain a businesses assets. Once again, as we think about this Act in totality, we're thinking about bribes, and we're thinking about obtaining a business advantage.
So, to constitute a violation of the FCPA, payment must be made corruptly, which means, that there must be intent to wrongfully influence the recipient. So, that is a key element of this Act itself, so the intent to influence
This webinar was co-hosted with MCG Consulting