Legal Question in Business Law in India

no

03.03.2014

Dear Sir / Madam,

The Foreign Corrupt Practices Act, 1977 (FCPA) applies to any person who has a certain degree of connection to the United States and engages in foreign corrupt practices. The Act also applies to any act by U.S. businesses, foreign corporations trading securities in the United States, American nationals, citizens, and residents acting in furtherance of a foreign corrupt practice whether or not they are physically present in the United States. In the case of foreign natural and legal persons, the Act covers their actions if they are in the United States at the time of the corrupt conduct. Further, the Act governs not only payments to foreign officials, candidates, and parties, but any other recipient if part of the bribe is ultimately attributable to a foreign official, candidate, or party. These payments are not restricted to just monetary forms and may include anything of value.

In light of the above, the FCPA applies to Indians resident in the US and to Indians if they are in the US at the time of the corrupt conduct.

Regards,