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 (6)
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 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 |
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 |
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 |
Maps to 391 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 6 domains and 21 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 21 controls organised across 6 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 391 other compliance frameworks. The top mapping partners are BRCGS Global Standard for Food Safety Issue 9 (5% coverage), EU European Health Data Space (EHDS) (5% coverage), EDM Council CDMC — Cloud Data Management Capabilities Framework (5% 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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