The FCPA in Latin America by Matteson Ellis

Latin America is experiencing a historic anti-corruption wave as governments in the region bolster their local anti-corruption laws, prosecutors courageously pursue high-profile cases, and corrupt political and business leaders and unscrupulous companies find themselves on the defensive. The trend is seen in Brazils monumental Operation Car Wash involving the regions largest company – Petrobras, Guatemalas jailing of its former President for a customs-related bribery scheme, and the adoption of tighter anti-corruption laws in important markets like Chile, Colombia, and Mexico. An often overlooked factor in these regional developments, however, has been the role of the U.S. Foreign Corrupt Practices Act (FCPA). For years, extraterritorial application of the FCPA by U.S. officials to companies, individuals, and schemes in Latin America has had the effect of establishing penalties in the United States for conduct largely occurring in the region. The mere threat of FCPA enforcement has prompted people working in the region to embrace anti-corruption compliance norms. FCPA cases involving companies like Embraer, Wal-Mart, and Avon operating in Latin America have exposed local corruption risks, leading U.S. businesspeople to ask more questions about best practices for managing them. THE FCPA IN LATIN AMERICA by MATTESON ELLIS, the first book to take a regional and cultural approach to FCPA compliance and enforcement matters, helps unpack the tectonic anti-corruption shifts underway in the region. It explains how U.S. companies tend to confront cultural, historical, geographical, and language barriers when implementing FCPA compliance programs with their neighbors to the South, and provides advice for navigating these challenges. It also educates Latin Americans on the FCPA, those wondering how a United States anti-corruption law could possibly apply to their own work.