EB5 Investors Magazine | Page 14

Why Every EB-5 Issuer Needs an FCPA Compliance Program by Charles Kaufman & Jor Law The Foreign Corrupt Practices Act (FCPA) forbids U.S. companies from using bribery to further their business interests abroad. When participants in EB-5 projects raise money abroad, if they or their agents make any kind of corrupting payment or gift to any person who fits a broad definition of “foreign official,” they may face severe penalties – including fines and imprisonment. Because EB-5 offering activities carry a risk of FCPA violation, and the severity of punishment for the company and its officers, directors and managers depends in part on whether the company had an effective program in place to comply with the FCPA, all EB‑5 issuers should take the time to educate themselves about FCPA and implement an effective compliance plan. 12 Background Most developed countries have long outlawed bribery within their own borders, but few, if any, had laws preventing their citizens from paying bribes when they went abroad. The United States broke from this legal tradition and adopted the FCPA in 1977 in reaction to revelations of widespread bribery of foreign officials by U.S.-based corporations, including bribery of a sitting Japanese Prime Minister by Lockheed Corporation. At first, many within and without the United States saw the law as a naïve effort that would benefit only competitors from countries less shy about dirtying their hands to gain global economic EB5 INVESTORS MAGAZINE