Editing Foreign Corrupt Practices Act (section)

=== Amendments ===
The Act was first amended by the [[Omnibus Trade and Competitiveness Act]] of 1988, where Title V is known as the "Foreign Corrupt Practices Act Amendments of 1988". It introduced a "knowing" standard in order to find violations of the Act, encompassing "conscious disregard" and "willful blindness." Other amendments were for "bona fide", "reasonable" and lawful gifts under the laws of the foreign country.<ref name="fas">{{cite web|url=https://www.fas.org/sgp/crs/misc/R41466.pdf|title=Foreign Corrupt Practices Act, Congressional Interest and Executive Enforcement|author=Michael V. Seitzinger|publisher=Congressional Research Service|work=CRS Report to U.S. Congress|date=February 7, 2012|page=11|access-date=22 February 2015|archive-url=https://web.archive.org/web/20141228201837/http://www.fas.org/sgp/crs/misc/R41466.pdf|archive-date=28 December 2014|url-status=live}}</ref> This meant that individuals and companies could be held liable for corrupt practices if they purposefully ignored the facts or circumstances that would lead a reasonable person to conclude that bribery was likely to occur. The amendments clarified that certain types of payments or gifts that are bona fide, reasonable, and lawful under the laws of the foreign country do not constitute an offense under the FCPA. This was important for U.S. businesses engaging in international operations where cultural norms often include gift-giving as a part of business etiquette.<ref>{{Cite web |title=International Business Etiquette Practices |url=https://www.business.com/articles/so-international-business-etiquette-from-around-the-world/ |access-date=2024-04-26 |website=business.com |language=en}}</ref><ref>{{Cite web |title=Five Countries Where Gift-Giving is Expected in Business {{!}} Cross Cultural Training |url=https://www.simonandsimon.co.uk/blog/cross-cultural-training/russia/five-countries-where-gift-giving-is-an-expected-part-of-business,%20https://www.simonandsimon.co.uk/blog/cross-cultural-training/russia/five-countries-where-gift-giving-is-an-expected-part-of-business |access-date=2024-04-26 |website=www.simonandsimon.co.uk |language=en-GB}}</ref>

The second amendment to the FCPA, known as the International [[International Anti-Bribery Act of 1998|Anti-Bribery Act of 1998]], was a significant development aimed at enhancing the United States' commitment to combating global corruption. This amendment was designed to implement the provisions of the [[OECD]] Anti-Bribery Convention, which sought to create a unified international approach to fighting bribery of foreign public officials in international business transactions.<ref>{{Cite web |title=U.S. Foreign Corrupt Practices Act |url=https://www.trade.gov/us-foreign-corrupt-practices-act |access-date=2024-04-26 |website=International Trade Administration |language=en}}</ref> One of the primary changes introduced by the 1998 amendment was the extension of the FCPA's jurisdiction to include certain foreign persons and entities. This meant that not only U.S. citizens and companies but also certain non-U.S. persons and companies acting in furtherance of a corrupt payment while in U.S. territory could be held accountable under the FCPA.<ref>{{Cite web |date=2015-06-09 |title=Criminal Division {{!}} Foreign Corrupt Practices Act |url=https://www.justice.gov/criminal/criminal-fraud/foreign-corrupt-practices-act |access-date=2024-04-26 |website=www.justice.gov |language=en}}</ref> This included making it a criminal offense to bribe foreign public officials to obtain or retain business or any improper advantage in the conduct of international business. The 1998 amendments increased the penalties for violations and strengthened enforcement measures.<ref>{{Cite web |title=A Resource Guide to the U.S. Foreign Corrupt Practices Act - Second Edition |url=https://www.justice.gov/criminal/criminal-fraud/file/1292051/dl |access-date=December 1, 2024 |website=[[U.S. Department of Justice]]}}</ref>

The FCPA dominated international [[anti-corruption]] enforcement from its introduction until {{circa|2010}} when other countries began introducing broader and more robust legislation, notably the United Kingdom [[Bribery Act 2010]].<ref>{{cite web|url=http://www.nortonrosefulbright.com/knowledge/publications/52195/differences-between-the-uk-bribery-act-and-the-us-foreign-corrupt-practices-act|title=Differences between the UK Bribery Act and the US Foreign Corrupt Practices Act|language=en-gb|access-date=2018-03-09|archive-url=https://web.archive.org/web/20180309183105/http://www.nortonrosefulbright.com/knowledge/publications/52195/differences-between-the-uk-bribery-act-and-the-us-foreign-corrupt-practices-act|archive-date=2018-03-09|url-status=live}}</ref><ref>{{cite journal|last=Breslin|first=Brigid|author2=Doron Ezickson|author3=John Kocoras|year=2010|title=The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act|journal=Company Lawyer|publisher=Sweet & Maxwell|volume=31|issue=11|issn=0144-1027|page=362}}</ref> The International Organization for Standardization introduced an international anti-bribery management system standard in 2016.<ref>{{cite web|url=http://knowledge.freshfields.com/m/Global/r/1698/new_global_framework_for_anti-bribery_and_corruption|title=New global framework for anti-bribery and corruption compliance programs Freshfields knowledge|website=knowledge.freshfields.com|access-date=2018-03-09|archive-url=https://web.archive.org/web/20180508010837/http://knowledge.freshfields.com/m/Global/r/1698/new_global_framework_for_anti-bribery_and_corruption|archive-date=2018-05-08|url-status=live}}</ref> In recent years, cooperation in enforcement action between countries has increased.<ref>{{cite web|url=https://www.freshfields.com/globalassets/services-page/global-investigations/publication-pdfs/gi-abc-guide-2017.pdf|title=Anti-bribery and corruption: global enforcement and legislative developments 2017|date=January 2017|publisher=Freshfields Bruckhaus Deringer|access-date=9 March 2018|archive-url=https://web.archive.org/web/20170905112405/https://www.freshfields.com/globalassets/services-page/global-investigations/publication-pdfs/gi-abc-guide-2017.pdf|archive-date=5 September 2017|url-status=live}}</ref>

==== Influence ====
The FCPA's influence has been profound, changing how companies operate worldwide and how governments enforce against corruption. The Act not only led to heightened awareness and enforcement of anti-corruption measures in the United States but also encouraged other nations to adopt similar laws,<ref>{{Cite journal |title=The FCPA and the Rule of Law Abroad |journal=The Foreign Service Journal |date=June 2016 |url=https://afsa.org/fcpa-and-rule-law-abroad |access-date=2024-04-23}}</ref> fostering a more coordinated international approach to combating bribery and corruption.FCPA and other anti corruption laws also provided companies with increased investor confidence,<ref>{{cite web |url=https://www.corporatecompliance.org/foreign-corrupt-practices-act-economic-impact-targeted-firms |title=The Foreign Corrupt Practices Act: Economic Impact on Targeted Firms &#124; SCCE Official Site }}</ref> allowing them to judge a companies' governing board by how ethically sound and compliant to FCPA they are and whether or not they deal and run their business in good faith.<ref>{{cite web |url=https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=6896&context=faculty_scholarship}}</ref> Not only did it influence companies to become more self aware of possible corruption within their companies, but it also allowed for a growth in business ethics education. There are now certifications and dedicated courses that provide students and up and coming business professionals with the necessary knowledge needed to avoid and terminate possible corruption within companies and foreign markets.<ref>{{cite web |url=https://www.businessatoecd.org/hubfs/Shaping%20the%20values%20for%20a%20sustainable%20future%20-%20Education%20for%20the%20fight%20against%20corruption.pdf?hsLang=en}}</ref>