Foreign Corrupt Practices Act
How does the FCPA work?
- The FCPA applies to Yale, any member of the Yale community and anyone working on behalf of Yale (including vendors and consultants).
- Violations of the FCPA contain three elements: (1) A payment or something of value is offered, promised, or given (2) to a foreign official, political party, party official, or candidate (3) for a corrupt purpose.
- You cannot make a payment to a third party if you know (or should know) that some or all of that payment will be used in a way that violates the FCPA. In other words, you cannot legally ask or hire someone else to do something you are not legally allowed to do yourself.
A violation of the FCPA is considered to have occurred even if the effort does not work out (e.g., something of value is given for a license that is denied or the offer to provide something of value is rejected by the foreign official); the activity is not tied to the government directly (or to a government contract or project); or the attempt to improperly influence is carried out through a third party (with or without direct knowledge of its happening if you should have known).