Rising Risks and Uncertainties for U.S. Firms' Gifts, Travel and Entertainment Expenses for Marketing in Foreign Countries: The Implications of Increased Foreign Corrupt Practices Act Enforcement (Report‪)‬

INTRODUCTION As U.S. firms expand their presence in foreign markets, they need to account for the risks of inadvertently incurring legal liability under the Foreign Corrupt Practices Act ["FCPA" or the "Act"] that results from the use of gifts, travel and entertainment as part of their promotional efforts. What would otherwise be routine marketing and promotion activities aimed at wooing private sector domestic customers present a legal minefield for American businesses attempting to obtain business from foreign companies that have an element of government ownership or control, whether outright or because a manager also has a position in the host country government or political party.