Ropes & Gray
4 Experts
6 Contributions by Ropes & Gray
PRACTICE NOTES
ARCHIVED :
This Practice Note is archived and no longer updated, and it will not be revised further or maintained going forward. It formerly outlined the investigative powers of the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) in relation to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 (FCPA 1977), before the Executive Order of February 2025 halting all investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA) and the subsequent publication of revised DOJ guidance for FCPA investigations and enforcement.
For more detailed information, consult the DOJ FCPA Guidelines and the following News Analyses:
Foreign countries have strong foundation to fill FCPA void
DOJ signals major shift in white collar enforcement priorities
Feds reboot FCPA agenda with narrower enforcement focus
The US Foreign Corrupt Practices Act 1977 (FCPA) forms part of US federal law and
Corporate Crime
PRACTICE NOTES
ARCHIVED : This Practice Note has been archived and is no longer maintained.
It set out full details of the Corporate Enforcement Policy announced by US Deputy Attorney General Rod Rosenstein concerning the US Foreign Corrupt Practices Act of 1977 (FCPA 1977), as it stood before February 2025 and before the February 2025 Executive Order that halted all enquiries and prosecutions under the Foreign Corrupt Practices Act (FCPA), and ahead of the subsequent release of the May 2025 enforcement memorandum and the updated DOJ guidance on FCPA investigations and enforcement in June 2025. For more detail, consult the DOJ Memorandum: Focus, Fairness and Efficiency in the Fight Against White‑Collar Crime, the DOJ FCPA Guidelines, and the following News Analyses: Foreign countries have strong foundation to fill FCPA void; DOJ signals major shift in white collar enforcement priorities; and Feds reboot FCPA agenda with
Corporate Crime
PRACTICE NOTES
ARCHIVED :
This Practice Note is archived and no longer maintained. It previously set out how the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) approached enforcement of bribery and corruption offences under the Foreign Corrupt Practices Act 1977 (FCPA 1977). Its coverage pertained to the period before the February 2025 Executive Order pausing all investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA), and prior to the subsequent publication of revised DOJ guidelines for FCPA investigations and enforcement.
For further information, see:
DOJ FCPA Guidelines
News Analyses: Foreign countries have strong foundation to fill FCPA void
DOJ signals major shift in white collar enforcement priorities
Feds reboot FCPA agenda with narrower enforcement focus
The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law and prohibits corrupt payments to, or for, foreign public
Corporate Crime
PRACTICE NOTES
Who is investigating?
In today’s globalised marketplace, it is routine for several government authorities, spanning numerous jurisdictions, to probe the same behaviour. From the very start of any enquiry, thought should be given to which bodies are already engaged, and which may become engaged later on in future. Public agencies may, and frequently do, run parallel and/or co-ordinated probes with one another, both within and across jurisdictions. Accordingly, Mutual Legal Assistance (MLA) treaties and Memoranda of Understanding equip US and UK enforcement bodies with formal mechanisms to seek co-operation from other nations. For broader guidance on MLA generally, consult the subtopic: Mutual legal assistance—overview...
Corporate Crime
PRACTICE NOTES
ARCHIVED: This archived Practice Note serves as a practical and comprehensive working guide to the law of corruption in the UK prior to the Bribery Act 2010 (BA 2010) taking effect. It sets out the position under the pre‑BA 2010 framework, which comprises the following:
the common law offence of bribery
the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889)
the Prevention of Corruption Act 1906 (PCA 1906)
and the Prevention of Corruption Act 1916 (PCA 1916)
Collectively, these instruments are described as the pre‑BA 2010 regime, which is the expression adopted for the remainder of this Practice Note and used consistently. The Note explores that regime and considers its practical implications for both individuals and businesses in practice.
To aid those advising on the practicalities of prosecuting and defending investigations and prosecutions under the pre‑BA 2010 regime, see Practice Note: Pre BA 2010
Corporate Crime
PRACTICE NOTES
ARCHIVED:
This archived Practice Note offers a practical guide to running and resisting investigations and prosecutions under the UK’s former corruption framework that applied before the Bribery Act 2010 (BA 2010) commenced (the pre‑BA 2010 regime). It addresses:
how to frame charges for common law bribery (ie under the relevant statutes), including charge selection for conduct straddling both regimes
case law defining a public body
the need for a corrupt intent
the presumption of corruption and associated human rights ramifications
the requirements of secrecy and corruption, and what companies can do to minimise historic exposure to prosecution
This Practice Note also considers:
the offence of bribery at common law
the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889)
the Prevention of Corruption Act 1906 (PCA 1906), and
the Prevention of Corruption Act 1916 (PCA
Corporate Crime
3 Contributions by Ropes & Gray Experts
PRACTICE NOTES
Stop Press:
On 10 March 2026, the US Department of Justice (DOJ) unveiled its first department-wide corporate enforcement and voluntary self-disclosure policy for criminal matters, intended to enhance consistency and fairness in pursuing white-collar offences. For further details, see: US DoJ releases first department-wide corporate enforcement policy for criminal matters, LNB News 11/03/2026 57. This Practice Note is currently being updated to reflect the corporate enforcement policy.
The US Foreign Corrupt Practices Act of 1977 (FCPA) is a US federal statute that outlaws offering, paying, or promising money or anything of value to a foreign official with the objective of obtaining or retaining business. The UK Bribery Act 2010 (BA 2010) (together with earlier UK legislation on bribery and corruption) is viewed as the FCPA’s closest counterpart. Although the regimes share certain features, there are significant distinctions between them.
This Practice Note examines the
Corporate Crime
CHECKLISTS
Investigations into suspected breaches of the Foreign Corrupt Practices Act 1977 (FCPA 1977) are frequently lengthy and complex. Questions around privilege, voluntary self-reporting and cross-border dynamics must be thoroughly assessed and managed with care. This Checklist should be read alongside the Practice Note: Practical steps in a bribery investigation—UK and US perspectives. For further detail on the FCPA, see Practice Notes: US Foreign Corrupt Practices Act (FCPA), The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table, and FCPA internal investigations and enforcement proceedings (US).
Prior to investigation
Lawyers should consider the following steps:
Ensure the company has a robust compliance programme, backed by sufficient resources and incorporating anonymous reporting channels and whistleblowing policies. Under the US Department of Justice’s (DOJ) Principles of Federal Prosecution of Business Organisations, when deciding whether to bring charges, negotiate plea or other
Corporate Crime
CHECKLISTS
Evaluating a holding company jurisdiction
This Checklist provides a practical template for assessing a prospective holding company jurisdiction from a tax standpoint and perspective. It should be carefully tailored to the specific deal at hand; to illustrate, rules on interest withholding are generally immaterial where no interest payments are anticipated in the circumstances. For a Practice Note that explains the general tax concerns, issues and aims summarised in this Checklist when selecting the location of a holding company or an intermediate holding vehicle for an international enterprise (or a segment of such an enterprise) or a fund, consult Practice Note: Holding company jurisdictions—tax considerations...
Tax
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