US Foreign Corrupt Practices Act (FCPA)
The Foreign Corrupt Practices Act (FCPA, 1977, amended 1988/1998) is a US federal law that prohibits the bribery of foreign government officials and requires publicly traded companies to maintain accurate books and records and adequate internal accounting controls. Enforced jointly by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). The FCPA has broad extraterritorial jurisdiction covering US persons, issuers, and any person acting within US territory. DOJ Evaluation of Corporate Compliance Programs (2023 update) provides enforcement guidance.
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Framework Domains (22)
Accounting
| Code | Title |
|---|---|
| FCPA-02 | Books and Records Accuracy |
| FCPA-03 | Internal Accounting Controls |
| FCPA-17 | Books and Records for Non-Issuer Domestic Concerns |
Accounting and Record-Keeping Provisions
| Code | Title |
|---|---|
| 15 U.S.C. § 78m(b)(2)(A) | Books and Records Requirements |
| 15 U.S.C. § 78m(b)(2)(B) | Internal Accounting Controls |
| 15 U.S.C. § 78m(b)(4) | No Criminal Liability for Reasonable Efforts |
| 15 U.S.C. § 78m(b)(5) | Prohibition on Falsification |
| 15 U.S.C. § 78m(b)(6) | Subsidiary Accountability |
Anti-Bribery
| Code | Title |
|---|---|
| FCPA-01 | Anti-Bribery Prohibition on Payments to Foreign Officials |
Anti-Bribery Provisions — Domestic Concerns
| Code | Title |
|---|---|
| 15 U.S.C. § 78dd-2(a) | Prohibition on Bribery by Domestic Concerns |
| 15 U.S.C. § 78dd-2(g) | Penalties for Domestic Concerns |
| 15 U.S.C. § 78dd-2(h) | Definition of Domestic Concern |
Anti-Bribery Provisions — Issuers
| Code | Title |
|---|---|
| 15 U.S.C. § 78dd-1(a) | Prohibition on Bribery by Issuers |
| 15 U.S.C. § 78dd-1(b) | Facilitating Payments Exception |
| 15 U.S.C. § 78dd-1(c) | Affirmative Defenses for Issuers |
Anti-Bribery Provisions — Other Persons
| Code | Title |
|---|---|
| 15 U.S.C. § 78dd-3(a) | Prohibition on Bribery by Other Persons |
| 15 U.S.C. § 78dd-3(e) | Penalties for Other Persons |
Channel Risk
| Code | Title |
|---|---|
| FCPA-15 | Distributor and Reseller Margin Analysis |
Contracting
| Code | Title |
|---|---|
| FCPA-05 | Anti-Bribery Contractual Protections |
Donations
| Code | Title |
|---|---|
| FCPA-08 | Charitable Contributions and Sponsorships Due Diligence |
Enforcement
| Code | Title |
|---|---|
| FCPA-13 | Voluntary Self-Disclosure and Cooperation |
Exceptions and Defenses
| Code | Title |
|---|---|
| 15 U.S.C. § 78dd-1(b) | Facilitating Payments Exception |
| 15 U.S.C. § 78dd-1(c)(1) | Local Law Defense |
| 15 U.S.C. § 78dd-1(c)(2) | Reasonable Expenditure Defense |
| DOJ Opinion Procedure | DOJ Opinion Procedure |
Expense Management
| Code | Title |
|---|---|
| FCPA-07 | Gifts, Travel, and Entertainment Controls |
Governance
| Code | Title |
|---|---|
| FCPA-10 | Compliance Programme Resourcing and Authority |
Investigations
| Code | Title |
|---|---|
| FCPA-12 | Investigations Quality and Documentation |
M&A
| Code | Title |
|---|---|
| FCPA-09 | Mergers and Acquisitions Successor Liability |
Penalties and Enforcement
| Code | Title |
|---|---|
| 15 U.S.C. § 78ff(a) | Criminal Penalties for Accounting Violations |
| 15 U.S.C. § 78ff(c) | Criminal Penalties for Anti-Bribery Violations |
| 15 U.S.C. § 78u(d) | Civil Enforcement Actions |
| DOJ/SEC Guidance | Dual Enforcement Authority |
Policy
| Code | Title |
|---|---|
| FCPA-06 | Facilitating Payments Position |
Political Contributions
| Code | Title |
|---|---|
| FCPA-16 | Political Contributions Controls |
Programme Management
| Code | Title |
|---|---|
| FCPA-18 | Continuous Programme Improvement and Testing |
Subsidiary Management
| Code | Title |
|---|---|
| FCPA-14 | Foreign Subsidiary Oversight |
Third-Party Risk
| Code | Title |
|---|---|
| FCPA-04 | Third-Party Due Diligence |
Whistleblowing
| Code | Title |
|---|---|
| FCPA-11 | Whistleblower and Reporting Channels |
Your Compliance Coverage
If you comply with US Foreign Corrupt Practices Act (FCPA), you already cover:
BRCGS Global Standard for Food Safety Issue 9
3%
1 controls mapped
Compare →SWIFT CSCF
3%
1 controls mapped
Compare →SWIFT CSCF v2024
3%
1 controls mapped
Compare →+ 415 more: CIS Controls v8 (3%), Proposal for a Regulation on the European Health Data Space (EHDS) (3%)
See all 418 mapped frameworks ↓Maps to 418 other frameworks
Frequently Asked Questions
What is US Foreign Corrupt Practices Act (FCPA)?
US Foreign Corrupt Practices Act (FCPA) is a compliance framework from United States (Federal — DOJ/SEC) with 22 domains and 39 controls. The Foreign Corrupt Practices Act (FCPA, 1977, amended 1988/1998) is a US federal law that prohibits the bribery of foreign government officials and requires publicly traded companies to maintain accurate books and records and adequate internal accounting controls. Enforced jointly by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). The FCPA has broad extraterritorial jurisdiction covering US persons, issuers, and any person acting within US territory. DOJ Evaluation of Corporate Compliance Programs (2023 update) provides enforcement guidance. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
How many controls does US Foreign Corrupt Practices Act (FCPA) have?
US Foreign Corrupt Practices Act (FCPA) has 39 controls organised across 22 domains. The largest domains are Accounting and Record-Keeping Provisions (5 controls), Exceptions and Defenses (4 controls), Penalties and Enforcement (4 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
What frameworks does US Foreign Corrupt Practices Act (FCPA) map to?
US Foreign Corrupt Practices Act (FCPA) maps to 418 other compliance frameworks. The top mapping partners are BRCGS Global Standard for Food Safety Issue 9 (3% coverage), SWIFT CSCF (3% coverage), SWIFT CSCF v2024 (3% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I get started with US Foreign Corrupt Practices Act (FCPA) compliance?
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