CCCP Anti-Corruption & Anti-Bribery Compliance

Question 1

What does FCPA stand for?

Accepted Answer

Foreign Corrupt Practices Act

Answer

Federal Compliance and Penalties Act

Answer

Financial Crime Prevention Act

Answer

Foreign Corporate Procurement Act

Question 2

Which U.S. government agencies have primary enforcement authority over the FCPA?

Accepted Answer

DOJ and SEC

Answer

FBI and CIA

Answer

FTC and CFPB

Answer

OFAC and FinCEN

Question 3

Under the FCPA, which type of payment is explicitly permitted under the 'facilitating payments' exception?

Accepted Answer

Payments to expedite or secure the performance of routine, non-discretionary government actions

Answer

Payments to foreign officials to win a government contract

Answer

Payments made through third-party intermediaries to conceal their origin

Answer

Payments to obtain import or export licenses from a foreign ministry

Question 4

Under the FCPA, who qualifies as a 'foreign official'?

Accepted Answer

Officers or employees of foreign state-owned enterprises and international organizations

Answer

Only elected heads of state and cabinet-level ministers of foreign governments

Answer

Any employee of a foreign privately-owned commercial company

Answer

Only persons holding diplomatic immunity under the Vienna Convention

Question 5

What do the FCPA's accounting provisions require of issuers (public companies)?

Accepted Answer

Maintaining accurate books and records and implementing adequate internal accounting controls

Answer

Filing annual anti-corruption certifications with the DOJ

Answer

Conducting mandatory third-party audits of all international transactions annually

Answer

Reporting all payments to foreign officials directly to the SEC within 30 days

Question 6

The UK Bribery Act 2010 differs from the FCPA in which significant way?

Accepted Answer

It covers bribery in both the public and private sectors, with no facilitation payments exception

Answer

It applies only to UK-incorporated companies with no extraterritorial reach

Answer

It requires proof of corrupt intent as its primary element and has a higher evidentiary threshold

Answer

It provides broader facilitation payments exceptions for routine government transactions

Question 7

What constitutes the 'adequate procedures' defense under Section 7 of the UK Bribery Act 2010?

Accepted Answer

Showing the company had reasonable and proportionate anti-bribery procedures in place

Answer

Demonstrating that the company proactively reported the bribery incident to UK authorities

Answer

Proving the employee who paid the bribe was acting entirely against explicit company policy

Answer

Establishing that the bribe amount was below the de minimis threshold set by the SFO