FCPA took the lead in exploring "exercising extraterritorial jurisdiction over commercial bribery of multinational corporations", which is of reference significance to the relevant legal construction in China. The FCPA was revised in 1988 and 1998, but it was not revised after the United States Congress ratified the United Nations Convention against Corruption in 2006. The principles of protective jurisdiction and universal jurisdiction stipulated in the United Nations Convention against Corruption are not reflected in FCPA.
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The Foreign Corrupt Practices Act applies to corrupt practices of American companies overseas, and to any company and its senior management, directors, employees or agents. It aims to prohibit American companies from bribing foreign government officials. The bribers stipulated in this law are not determined according to their administrative status, but depend on whether they actually exercise government power.
In this way, all people who use public power can become the subject of bribery, such as private designers entrusted to design for the government, staff in government-controlled commercial institutions and so on.
Baidu Encyclopedia-Overseas Anti-Corruption Act
People's Network-Enlightenment from the Foreign Corrupt Practices Act of the United States