Kings New York Foreign Corrupt Practices Act - Corporate Policy

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This is a corporate policy document designed to meet the standards of the Foreign Corrupt Practices Act, a provision of the Securities and Exchange Act of 1934. FCPA generally prohibits payments by companies and their representatives to foreign (i.e., non-U.S.) government and quasi-government officials to secure business.

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FAQ

Who Is Covered by the FCPA? The FCPA applies to two broad categories of persons: those with formal ties to the United States and those who take action in furtherance of a violation while in the United States. U.S. "issuers" and "domestic concerns" must obey the FCPA, even when acting outside the country.

The Foreign Corrupt Practices Act (FCPA), enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business.

A federal law prohibiting US citizens and permanent residents, both public and private US companies and certain non-US individuals and entities from bribing foreign government officials to obtain a business advantage (15 U.S.C. §§ 78dd-1 to 78qq).

The FCPA also covers foreign persons or companies that commit acts in furtherance of such bribery in the territory of the United States, as well as U.S. or foreign public companies listed on stock exchanges in the United States or which are required to file periodic reports with the U.S. Securities and Exchange

No. The FCPA applies both to the conduct of a U.S. citizen while that citizen is in a foreign country, as well as to actions taken in the U.S. in furtherance of the corruption of a foreign official.

The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.

Examples of FCPA accounting violations include failing to implement internal controls, to keep accurate books and records, to conduct appropriate audits of payments, and to implement sufficient anti-bribery compliance policies.

FCPA has two components, anti-bribery provisions and maintaining accurate books, records, and internal controls so bribes cannot be hidden.

The Foreign Corrupt Practices Act's (FCPA) anti-bribery provisions apply to: Domestic concerns, i.e., all companies incorporated in the United States, Every foreign or domestic company that has its principal place of business in the United States, Individuals who are U.S. citizens, nationals, or residents.

FCPA Representation Ralph Lauren, Oracle, Eli Lilly, Pfizer, and Tyco, are but a few of the companies who have been charged with FCPA violations and paid millions of dollars in settlements. Investigations into violations of the act are conducted by specialized agents with the SEC's FCPA fraud unit.

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Kings New York Foreign Corrupt Practices Act - Corporate Policy