| The U.S.Foreign Corrupt Practices Act(FCPA)was promulgated in 1977 and has undergone two revisions.Now it has become one of the important legal and risk benchmarks that cannot be ignored in the compliance construction of multinational companies.In the early days of its promulgation,it was only applicable to domestic enterprises,which led to the criticism of domestic enterprises.However,since the 1990 s,The extraterritorial effect has been expanded by the United States,coupled with strong enforcement by two major law enforcement agencies Department of Justice(DOJ)and Securities and Exchange Commission(SEC).Since the 20 th century,U.S.law enforcement agencies have investigated,prosecuted and held multinational companies accountable under FCPA,which has undoubtedly promoted the development of corporate compliance systems and anti-corruption enforcement worldwide.The extraterritorial expansion of FCPA poses big challenges for governments and businesses in other countries.On one hand,foreign companies will face huge or even double fines because of the jurisdiction of the law.On the other hand,the expansionary jurisdiction of the United States is threatening other countries' anti-foreign corruption legislation and law enforcement process,thus threatening other countries' judicial sovereignty.It plays an important role in the improvement of anti-corruption legislation and law enforcement in China to correctly understand the basic principles and law enforcement trends of FCPA in its extraterritorial jurisdiction,to clarify the various possible forms of conflicts between FCPA and other countries in practice and to seek solutions.In addition,recognizing the differences between China and the United States in the construction of the anti-corruption legal system,drawing on their useful experience,and attaching importance to corporate compliance will have a far-reaching impact on China's efforts to attract foreign investment and build a sound business environment.It will also help Chinese enterprises to "go global" and enhance their competitiveness in the international market.The structure of this paper consists of four parts,which are correspondingly expanded through four chapters.The first part mainly summarizes the historical evolution and relevant provisions of the extraterritorial jurisdiction of the foreign corrupt practices act,including the initial provisions and relevant amendments to the extraterritorial jurisdiction of the act,and discusses the basic scope of the act and its evolution and development trend in practice.The second part focuses on the advantages and disadvantages of the expansion of extraterritorial jurisdiction of the foreign corrupt practices act and makes a specific analysis and comparison of the reasons for and against the expansion of extraterritorial jurisdiction of the foreign corrupt practices act.The third part is to discuss the conflicts caused by FCPA's expansionary jurisdiction.First,it compares FCPA with other foreign corrupt relevant laws like United Kingdom Bribery Act and Brazil Clean Company Act and summarize the overlapping parts of extraterritorial jurisdiction.Second,it discusses conflicts of concrete in law enforcement,including confirmation of jurisdiction,recognition and enforcement of various conflict is analyzed.Finally,it puts forward the specific path and corresponding suggestions of resolving conflict in the above.The fourth part summarizes the challenges faced by China in the context of FCPA's jurisdiction expansion,and proposes countermeasures for the government and enterprises respectively.Chinese government should improve the construction of enterprise credit system,and improve the anti-corruption construction of China's business environment through credit rating and the reform of state-owned and central enterprises.Chinese companies should improve their internal compliance systems to avoid investigations and charges under the FCPA and other countries' laws against transnational commercial bribery. |
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