Coping with the Foreign Corrupt Practices Act: a Primer for Energy and Natural Resource Sectors

Abstract

Companies operating in the energy and natural resource sectors face the full spectrum of issues under the US Foreign Corrupt Practices Act (FCPA). The FCPA, which contains both prohibitions against illicit payments to foreign government officials and accounting controls, affects not only procurement and concession decisions, but also a variety of issues relating to the structuring of foreign investments. While certain threshold concerns are always relevant, more sensitive issues are faced by companies that enter joint ventures with foreign governments, state-owned companies, or local entities that are owned or controlled by government officials. A general compliance programme combined with transaction-specific protections can effectively reduce these FCPA risks.