Assistant Attorney General Alice Fisher talks to Criminal Justice Section on enforcement of the Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act is a priority for the Department of Justice, Assistant Attorney General Alice G. Fisher told an ABA audience in October, because it fits in well with efforts to fight corruption both here and abroad.  Fisher was speaking at the ABA National Institute on the Foreign Corrupt Practices Act held in Washington, D.C.

Fisher continued by saying that corruption "undercuts democracy and the rule of law, especially in nascent, developing countries," and Justice Department efforts are focused on leveling the playing field.  Resources have been added to boost those efforts, she said, both for prosecution and investigation.

Assistant Attorney General Alice Fisher, making remarks during the National Institute on Foreign Corrupt Practices Act

In general, in FCPA cases, the Justice Department is encouraging voluntary disclosure, independent monitoring, opinion disclosure, and transactional due diligence.  We "want to ensure that businesses are as compliant as possible," she said.  In developing countries, she noted, it is especially important for companies to know the background of their prospective business partners prior to moving forward on joint ventures, knowing, for example, whether the other entity is involved in bribes in their routine business practice.

Other featured programs of the two-day conference included "Ethical Issues on Corporate Compliance," "Special Focus: Issues Faced by Small and Medium Enterprises," and "Seeking Advance Guidance: Should You Use the FCPA Opinion Procedure?"

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