The FCPA consists of two basic parts; the anti-bribery provisions and the accounting provisions. Under the accounting provisions, there are two prongs: (1) the books and records requirement that a company’s financial statements must accurately reflect its finances and (2) effective internal controls. The accounting provisions, on the civil side of things is enforced by the Securities and Exchange Commission, while the Justice Department polices the criminal portion of the anti-bribery provisions. The accounting provisions are governed under the most basic of all U.S. securities laws, the Securities Act of 1934 as amended.
