On July 3, 2020, the U.S. Department of Justice (the DOJ) and the Securities and Exchange Commission (the SEC) jointly released the second edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act
(the Guide), updating the first edition that was issued in November 2012. The Guide maintains the general structure and content of the previous edition and does not contain any unexpected updates in light of Foreign Corrupt Practices Act (FCPA) developments over the past eight years. It does, however, update the DOJ’s and the SEC’s stated enforcement positions and statutory interpretations, based on policy announcements, enforcement actions, and the expanding case law interpreting the FCPA (due to an increasing number of individual defendants who have challenged FCPA prosecutions — and the government’s aggressive positions — in recent years). Reflecting another instance of the government’s increased efforts in transparency regarding FCPA enforcement, this new Guide will be a key resource for companies across the spectrum of FCPA compliance, investigation, and enforcement issues. This Client Alert analyzes some of the key developments in the Guide.