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Foreign Corrupt Practices Act
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Foreign Corrupt Practices Act
Other short titles
Domestic and Foreign Investment Improved Disclosure Act
Securities Exchange Act of 1934 Amendment
Unlawful Corporate Payments Act
Long title
An Act to amend the Securities Exchange Act of 1934 to make it unlawful for an issuer of securities registered pursuant to section 12 of such Act or an issuer required to file reports pursuant to section 15(d) of such Act to make certain payments to foreign officials and other foreign persons, to require such issuers to maintain accurate records, and for other purposes.
Acronyms (colloquial)
FCPA
Nicknames
Foreign Corrupt Practices Act of 1977
Enacted by
the 95th United States Congress
Effective
December 19, 1977
Citations
Public law
95-213
Statutes at Large
91 Stat. 1494
Codification
Titles amended
15 U.S.C.: Commerce and Trade
U.S.C. sections amended
15 U.S.C. ch. 2b § 78a et seq.
Legislative history
Introduced in the Senate as S. 305 by William Proxmire (D-WI) on January 18, 1977
Committee consideration by Senate Banking, House Commerce
Passed the Senate on May 5, 1977 (passed)
Passed the House on November 1, 1977 (passed, in lieu of H.R. 3815)
Reported by the joint conference committee on December 6, 1977; agreed to by the Senate on December 6, 1977 (agreed) and by the House on December 7, 1977 (349-0)
Signed into law by President Jimmy Carter on December 19, 1977
The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.[1] The act was amended in 1988 and in 1998. As of 2012[update] there were continued congressional concerns.[2] An ongoing debate asks whether FCPA enforcement discourages US companies from investing abroad.[3]
Contents
[hide]
1 Provisions and scope
1.1 Persons subject to the FCPA
2 History
3 Enforcement
4 Requirements
4.1 Anti-bribery/anti-corruption (ABAC) solutions
5 Application
5.1 Charges
6 See also
7 References
8 External links
Provisions and scope[edit]
The idea of Foreign Corrupt Practices Act (FCPA) is to make it illegal for companies and their supervisors to influence foreign officials with any personal payments or rewards.[4][page needed] The FCPA applies to any person who has a certain degree of connection to the United States and engages in foreign corrupt practices. The Act also applies to any act by U.S. businesses, foreign corporations trading securities in the U.S., American nationals, citizens, and residents acting in furtherance of a foreign corrupt practice whether or not they are physically present in the U.S. This is considered the nationality principle of the act. Any individuals that are involved in those activities may face prison time.[4][page needed] This act was passed to make it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.[5][full citation needed][4] In the case of foreign natural and legal persons, the Act covers their deeds if they are in the U.S. at the time of the corrupt conduct. This is considered the protective principle of the act.[4] Further, the Act governs not only payments to foreign officials, candidates, and parties, but any other recipient if part of the bribe is ultimately attributable to a foreign official, candidate, or party. These payments are not restricted to monetary forms and may include anything of value.[6] This is considered the territoriality principle of the act.[4]
An ongoing debate asks about the law's effects. Scholars have found that the FCPA enforcement discourages US firms from investing in foreign markets.[3] This finding is not surprising given the well-known fact that companies engaging in mergers and acquisitions in emerging markets face a uniquely increased level of regulatory and corruption risk.[7]
Persons subject to the FCPA[edit]
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2015) (Learn how and when to remove this template message)
Issuers[clarification needed]
Includes any U.S. or foreign corporation that has a class of securities registered, or that is required to file reports under the Securities and Exchange Act of 1934
Domestic concerns
Refers to any individual who is a citizen, national, or resident of the United States and any corporation and other business entity organized under the laws of the United States or of any individual US State, or having its principal place of business in the United States
Any person
Covers both enterprises and individuals
History[edit]
As a result of U.S. Securities and Exchange Commission investigations in the mid-1970s, over 400 U.S. companies admitted making questionable or illegal payments in excess of $300 million to foreign government officials, politicians, and political parties.[8] The abuses ran the gamut from bribery of high foreign officials to secure some type of favorable action by a foreign government to so-called facilitating payments that were made to ensure that government functionaries discharged certain ministerial or clerical duties.[8] If the official has no choice but to bribe, and bribery is legal in the country, bribing is seen as greasing the wheels. One major example was the Lockheed bribery scandals, in which officials of aerospace company Lockheed paid foreign officials to favor their company's products.[9]:10 Another was the Bananagate scandal in which Chiquita Brands had bribed the President of Honduras to lower taxes.[citation needed] Congress enacted the FCPA to bring a halt to the bribery of foreign officials and to restore public confidence in the integrity of the American business system.
The Act was signed into law by President Jimmy Carter on December 19, 1977. The first criminal enforcement action under the Act was against Finbar Kenny.[10] Kenny had advanced Sir Albert Henry, Prime Minister of the Cook Islands, $337,000 from postage stamp revenue for Henry's re-election campaign.[11] In 1979, Kenny became the first American to plead guilty of violating the FCPA, and was fined $50,000.[11]
The Act was first amended by the Omnibus Trade and Competitiveness Act of 1988, where Title V is known as the 'Foreign Corrupt Practices Act Amendments of 1988'. It introduced a "knowing" standard in order to find violations of the Act, encompassing "conscious disregard" and "willful blindness." Other amendments were for "bona fide", "reasonable" and lawful gifts under the laws of the foreign country.[12]
The second amendment was the International Anti-Bribery Act of 1998 which was designed to implement the OECD Anti-Bribery Convention—i.e., to include certain foreign persons and extending the scope beyond U.S. borders.
The FCPA dominated international anti-corruption enforcement from its introduction until around 2010 when other countries began introducing broader and more robust legislation, notably the United Kingdom Bribery Act 2010.[13][14] The International Organization for Standardization introduced an international anti-bribery management system standard in 2016.[15] In recent years, cooperation in enforcement action between countries has increased.[16]
Enforcement[edit]
The Securities and Exchange Commission (SEC) and the Department of Justice are both responsible for enforcing the FCPA. This is because the FCPA both amends an SEC Act and the criminal code. The SEC enforces the Act for companies it regulates and the Department of Justice enforces the bill regarding all other domestic companies. This split was criticized even before the act was passed.[8]:10–11 In 2010 the SEC created a specialized unit for FCPA enforcement.[17] In 2012, the SEC and the DOJ issued their first joint guide to the FCPA.[18]
In April 2017, Attorney General Jeff Sessions traveled to an ethics lawyers conference to assure them that he would continue prosecutions under the FCPA, regardless of new SEC Chairman Jay Clayton's expressed skepticism and of President Donald Trump's comments that it is a "horrible law" and "the world is laughing at us".[19][20]
Requirements[edit]
The anti-bribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. Since the 1998 Amendment of FCPA they also apply to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the U.S. The meaning of foreign official is broad. For example, an owner of a bank who is also the minister of finance would count as a foreign official according to the U.S. government. Doctors at government-owned or managed hospitals are also considered to be foreign officials under the FCPA, as is anyone working for a government-owned or managed institution or enterprise. Employees of international organizations such as the United Nations are also considered to be foreign officials under the FCPA. A 2014 federal appellate court decision has provided guidance on how the term "foreign official" is defined under FCPA.[21]
Because the Act concerns the intent of the bribery rather than the amount, there is no requirement of materiality. Offering anything of value as a bribe, whether cash or non-cash items, is prohibited.
The FCPA also requires companies whose securities are listed in the U.S. to meet its accounting provisions.[22] These accounting provisions operate in tandem with the anti-bribery provisions of the FCPA, and require respective corporations to make and keep books and records that accurately and fairly reflect the transactions of the corporation and to devise and maintain an adequate system of internal accounting controls. An increasing number of corporations are taking additional steps to protect their reputation and reduce their exposure by employing the services of due diligence companies tasked with vetting third party intermediaries and identifying easily overlooked government officials embedded in otherwise privately held foreign firms. This strategy is one element of an effective FCPA Compliance Program, as it shows a sincere attempt to avoid business situations where high risk (prior history or proximity to unethical behavior) individuals are concerned.[citation needed]
Regarding payments to foreign officials, the act draws a distinction between bribery and facilitation or "grease payments", which may be permissible under the FCPA, but may still violate local laws. The primary distinction is that grease payments or facilitation payments are made to an official to expedite his performance of the routine duties he is already bound to perform. The exception focuses on the purpose of the payment rather than on its value.Payments to foreign officials may be legal under the FCPA if the payments are permitted under the written laws of the host country. Certain payments or reimbursements relating to product promotion may also be permitted under the FCPA.[citation needed]
A U.S. company acquiring a foreign firm could face successor liability for FCPA violations committed by the foreign firm prior to being acquired.[23] Generally, acquiring companies may be liable as a successor for pre-existing FCPA violations committed by an acquired company where those violations were subject to the FCPA's jurisdiction when committed.[24] This position was further confirmed by the DOJ in a 2014 opinion stating that pre-acquisition conduct by a foreign target company without a jurisdictional nexus to the U.S. would not be subject to FCPA enforcement.[25]
Anti-bribery/anti-corruption (ABAC) solutions[edit]
Businesses increasingly focus on their core competencies, and as a result engage more third parties to provide critical business functions. Companies do not have direct control over their third-party providers, which expose them to regulatory and reputational risk of FCPA violations by those third parties.[26] Under the FCPA, businesses are accountabile for activities involving both their internal and external relationships. Companies that operate internationally, or that engage third parties in countries with a high Corruption Perceptions Index, are especially at risk. Many companies have now adopted "anti-bribery/anti-corruption" (ABAC) solutions to combat this risk and help protect themselves from fines and reputational damage.
ABAC compliance solutions are a subset of third party management. These systems can automatically manage third party information and monitor their ongoing activities in compliance with FCPA regulation.[27]
Application[edit]
Stronger DOJ and SEC enforcement has increased the prominence of the FCPA from 2010 onwards.[28] The SEC website shows a complete list of enforcement cases since 1978.[29] Notable select cases of the application of FCPA since 2008 are with ALCOA, Biomet, Bizjet, Hewlett Packard Company, KBR, Marubeni Corporation, News Corporation, Siemens, Smith & Nephew and Walmart de Mexico as follows:
In 2008, Siemens AG paid a $450 million fine for violating the FCPA. This is one of the largest penalties ever collected by the DOJ for an FCPA case.[30]
In 2012, Japanese firm Marubeni Corporation paid a criminal penalty of US$54.6 million for FCPA violations when acting as an agent of the TKSJ joint venture, which comprised Technip, Snamprogetti Netherlands B.V., Kellogg Brown & Root Inc., and JGC Corporation. Between 1995 and 2004, the joint venture won four contracts in Nigeria worth more than US$6 billion, as a direct result of having paid US$51 million to Marubeni to be used to bribe Nigerian government officials.[31]
In 2012 Smith & Nephew paid US$22.2 million to the DOJ and SEC, and Bizjet International Sales and Support Inc. paid US$11.8 million to the DOJ for bribery of foreign government officials. Both companies entered into a deferred prosecution agreement.[32][33]
In March 2012, Biomet Inc. paid a criminal fine of US$17.3 million to resolve charges of FCPA violations and US$5.5 million in disgorgement of profits and pre-judgment interest to the SEC.[34]
In January 2014, ALCOA paid $175 million in disgorgement of revenues and a fine of $209 million to settle charges that its Australian bauxite mining subsidiary retained an agent that made bribes to government officials in Bahrain and to officers of Aluminum Bahrain B.S.C. to secure long-term contracts to supply the company with bauxite ore.[35]
In March 2014, Marubeni Corporation agreed with the DOJ to pay a US$88 million fine after pleading guilty to taking part in a scheme to pay bribes to high ranking Indonesian officials in order to secure a lucrative power project.[36]
On February 24, 2015, the Goodyear Tire and Rubber Company "Goodyear" agreed to pay more than $16 million to settle FCPA charges that two of its African subsidiaries allegedly paid $3.2 million in bribes that generated $14,122,535 in illicit profits.[37] The SEC FCPA charges involved Goodyear subsidiaries in Kenya and Angola for allegedly paying bribes to government and private-sector workers in exchange for sales in each country.[38] According to the SEC because "Goodyear did not prevent or detect these improper payments because it failed to implement adequate FCPA compliance controls at its subsidiaries" and, for the Kenyan subsidiary, "because it failed to conduct adequate due diligence" prior to its acquisition. It was not alleged that Goodyear had any involvement with or knowledge of its subsidiaries' improper conduct.[39]
Charges[edit]
In 2009, former Representative William J. Jefferson, Democrat of Louisiana, was charged with violating the FCPA by bribing African governments for business interests.[40]
In 2010 the DOJ and the SEC were investigating whether Hewlett Packard Company executives paid about $10.9 million in bribery money between 2004 and 2006 to the Prosecutor General of Russia "to win a €35 million contract to supply computer equipment throughout Russia."[41][42] On September 11, 2014, HP Russia pleaded guilty before U.S. District Judge D. Lowell Jensen of the Northern District of California to conspiracy and substantive violations of the anti-bribery and accounting provisions of the FCPA. The court sentenced HP Russia to pay a $58,772,250 fine.[43]
In July 2011, the DOJ opened an inquiry into the News International phone hacking scandal that brought down News of the World, the recently closed UK tabloid newspaper. In cooperation with the Serious Fraud Office (United Kingdom), the DOJ was to examine whether News Corporation violated the FCPA by bribing British police officers.[44] Nine police officers were convicted including a senior officer in the Met counter-terrorism command, Det Ch Insp April Casburn, former Met anti-terrorism officer Timothy Edwards, former police officer Simon Quinn, former Met officer Paul Flattley and Scott Chapman, an ex-prison officer.[45]
An April 2012 article in the New York Times reported that a former executive of Walmart de México y Centroamérica alleged in September 2005 that Walmart de Mexico had paid bribes to officials throughout Mexico in order to obtain construction permits, that Walmart investigators found credible evidence that Mexican and American laws had been broken, and that Walmart executives in the U.S. "hushed up" the allegations.[46][47] According to an article in Bloomberg, Wal-Mart's "probe of possible bribery in Mexico may prompt executive departures and steep U.S. government fines if it reveals senior managers knew about the payments and didn't take strong enough action, corporate governance experts said."[48] Eduardo Bohorquez, the director of Transparencia Mexicana, a "watchdog" group in Mexico, urged the Mexican government to investigate the allegations.[49] Wal-Mart and the US Chamber of Commerce had participated in a campaign to amend FCPA; according to proponents, the changes would clarify the law, while according to opponents, the changes would weaken the law.[50]
Other cases are with Avon Products, Invision Technologies, BAE Systems, Baker Hughes, Daimler AG, Monsanto, Halliburton, Titan Corporation, Triton Energy Limited, Lucent Technologies.[citation needed]
See also[edit]
Convention against Corruption (disambiguation)
Corruption of Foreign Public Officials Act in Canada
OECD Anti-Bribery Convention, an international agreement
Financial Action Task Force on Money Laundering, another international agreement
Politically exposed person, a term used in several jurisdictions
Bribery Act 2010 in the United Kingdom
References[edit]
Jump up ^ Funk, T. Markus (September 10, 2010). "Getting What They Pay For: The Far-Reaching Impact Of the Dodd-Frank Act's 'Whistleblower Bounty' Incentives on FCPA Enforcement" (PDF). White Collar Crime Report. Bureau of National Affairs. 5 (19): 1–3.
Jump up ^ LeRoy Miller, Roger (2011). Business Law Today: The Essentials. United States: South-Western Cengage Learning. p. 127. ISBN 1-133-19135-5.
^ Jump up to: a b Graham, Bradley, Stroup, Caleb (2016). "Does Anti-bribery Enforcement Deter Foreign Investment?" (PDF). Applied Economics Letters. doi:10.1080/13504851.2015.1049333.
^ Jump up to: a b c d e Luthans, Fred; Doh, Jonathan (2014). International Management Culture, Strategy, and Behavior (9th ed.). New York, NY: McGraw-Hill Education. ISBN 978-0-07-786244-2.
Jump up ^ USDOJ, (2014)
Jump up ^ Posadas, Alejandro. "Combating Corruption Under International Law" (pdf). School of Law, Duke University.
Jump up ^ Brooks, Robin; Stacey, Oliver; Jarman, Daniel. "Tackling Corruption and Regulatory Risk in M&A Transactions". Transaction Advisors. ISSN 2329-9134.
^ Jump up to: a b c House Committee on Interstate and Foreign Commerce (September 28, 1977). "H.R. Rep. 95-640 REPORT together with MINORITY VIEWS To accompany H.R.3815" (PDF). Retrieved 22 February 2015.
Jump up ^ Rich, Ben R. and Janos, Leo. Skunk Works: A Personal Memoir of My Years at Lockheed. New York: Little Brown & Co., 1994, ISBN 0-7515-1503-5.
Jump up ^ "United States of America v. Kenny International Corp., et al". Foreign Corrupt Practices Act Clearinghouse. Stanford Law School. Retrieved 27 April 2018.
^ Jump up to: a b McBride, Stewart (4 March 1982). "The case of the airmailed voter and other tales of the Cook Is". Christian Science Monitor. Retrieved 27 April 2018.
Jump up ^ Michael V. Seitzinger (February 7, 2012). "Foreign Corrupt Practices Act, Congressional Interest and Executive Enforcement" (PDF). CRS Report to U.S. Congress. Congressional Research Service. p. 11. Retrieved 22 February 2015.
Jump up ^ "Differences between the UK Bribery Act and the US Foreign Corrupt Practices Act". Retrieved 2018-03-09.
Jump up ^ Breslin, Brigid; Doron Ezickson; John Kocoras (2010). "The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act". Company Lawyer. Sweet & Maxwell. 31 (11): 362. ISSN 0144-1027.
Jump up ^ "New global framework for anti-bribery and corruption compliance programs Freshfields knowledge". knowledge.freshfields.com. Retrieved 2018-03-09.
Jump up ^ "Anti-bribery and corruption: global enforcement and legislative developments 2017" (PDF). Freshfields Bruckhaus Deringer. January 2017. Retrieved 9 March 2018.
Jump up ^ "SEC Names New Specialized Unit Chiefs and Head of New Office of Market Intelligence" (Press release). SEC. January 13, 2010. Retrieved 23 February 2015.
Jump up ^ Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission (November 14, 2012). "A Resource Guide to the U.S. Foreign Corrupt Practices Act" (PDF). p. 130. Retrieved 23 February 2015.
Jump up ^ Charlie Savage (25 April 2017). "Sessions Vows to Enforce an Anti-Bribery Law Trump Ridiculed". The New York Times. p. A14. Retrieved 13 May 2017.
Jump up ^ "Attorney General Jeff Sessions Delivers Remarks at the Ethics and Compliance Initiative's Conference". C-SPAN.org. 24 April 2017. Retrieved 13 May 2017.
Jump up ^ Michael V. Seitzinger (15 October 2014). "Eleventh Circuit Provides Guidance for the Definition of "Foreign Official" under the FCPA" (PDF). Legal Sidebar via Congressional Research Service. Federation of American Scientists. Retrieved 23 February 2015.
Jump up ^ 15 U.S.C. § 78m
Jump up ^ Lawler, William; Phillips, Anthony. "Avoiding the Threat of FCPA Successor Liability". Transaction Advisors. ISSN 2329-9134.
Jump up ^ Sprinzen, Nicole; Hildebrand, Jennifer. "DOJ Clarifies Successor Liability for Foreign Acquisitions". Transaction Advisors. ISSN 2329-9134.
Jump up ^ Fisher, Alice; Greenburg, Douglas; Sabin, Barry; Seltzer, Nathan; Su, Jonathan; Volkman, Eric; Chandler, Kari; Brown Jones, Erin. "DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A". Transaction Advisors. ISSN 2329-9134.
Jump up ^ http://www.economist.com/media/globalexecutive/outsourcing_revolution_e_02.pdf
Jump up ^ https://www.hiperos.com/anti-bribery-corruption.html
Jump up ^ T. Markus Funk, "Another Landmark Year: 2010 FCPA Enforcement Year-in-Review and Trends for 2011," Bloomberg Law Reports (January 3, 2010).
Jump up ^ "SEC Enforcement Actions: FCPA Cases". SEC. 26 January 2015. Retrieved 23 February 2015.
Jump up ^ Administrator. "Foreign Corrupt Practices Act Reporting Center - Siemens AG pays $450 million to settle FCPA bribery charges". foreign-corrupt-practices-act.org.
Jump up ^ US Department of Justice (17 January 2012). "Marubeni Corporation Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay a $54.6 Million Criminal Penalty".
Jump up ^ Smith & Nephew (6 February 2012). "Smith & Nephew reaches settlement with US Government". Smith & Nephew. Archived from the original on 21 March 2012.
Jump up ^ Reuters (14 March 2012). "U.S. says BizJet settles foreign bribery charges". Reuters.
Jump up ^ Richard L. Cassin (26 March 2012). "Biomet Pays $22.8 Million To Settle Bribe Charges". The FCPA Blog.
Jump up ^ "SEC Charges ALCOA with FCPA Violations". United States Securities and Exchange Commission.
Jump up ^ Brown, Howard. "$88 Million Fine Agreed by Marubeni Corporation of Japan with the U.S. Department of Justice to Settle a Foreign Corrupt Practices Act Investigation".
Jump up ^ Pelletier, Paul; Tidman, Aaron; Haviland, Jane (25 February 2015). "Goodyear's Settlement with the SEC Emphasizes the Importance of FCPA Due Diligence in M&A Transactions and of Having a Robust Anti-Corruption Policy". Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Retrieved 2 March 2015.
Jump up ^ Horn, George (1 March 2015). "M and A Due Diligence Failures: FCPA and Goodyear". The National Law Review. Barnes & Thornburg LLP. Retrieved 2 March 2015.
Jump up ^ Mandelker, Sigal P.; Emert, Rochelle H.; Caraballo-Garrison, Phillip J. (27 February 2015). "Goodyear Pays for Sins of Subsidiaries in $16 Million Settlement". Proskauer Rose LLP. Retrieved 2 March 2015.
Jump up ^ Stout, David (2009-08-06). "Ex-Rep. Jefferson Convicted in Bribery Scheme". The New York Times. p. A14.
Jump up ^ "Hewlett-Packard Russia Agrees to Plead Guilty to Foreign Bribery" (Press release). United States Department of Justice. April 9, 2014. Retrieved April 1, 2018. To secure a contract for the first phase of project, ultimately valued at more than € 35 million, HP Russia executives and other employees structured the deal to create a secret slush fund totaling several million dollars, at least part of which was intended for bribes to Russian government officials.
Jump up ^ Crawford, David; Searcey, Dionne (April 16, 2010). "U.S. Joins H-P Bribery Investigation". The Wall Street Journal.
Jump up ^ "Hewlett-Packard Russia Pleads Guilty To And Sentenced For Bribery Of Russian Government Officials". www.justice.gov. Retrieved 2017-11-15.
Jump up ^ "News Corp shares hit two-year low on hacking arrest". BBC World News. 18 July 2011.
Jump up ^ "Operation Elveden corruption probe ends". BBC News. 2016-02-26. Retrieved 2017-11-15.
Jump up ^ Barstow, David (April 21, 2012). "Vast Mexican Bribery Case Hushed Up by Wal-Mart After High-Level Struggle". The New York Times. Retrieved April 23, 2012.
Jump up ^ Miguel Bustillo (April 23, 2012). "Wal-Mart Faces Risk in Mexican Bribe Probe". The Wall Street Journal.
Jump up ^ Welch, David; Weidlich, Thom (April 23, 2012). "Wal-Mart Bribery Probe May Exposes Retailer to U.S. Fines". Bloomberg. Retrieved April 23, 2012.
Jump up ^ "Mexican watchdog group says Mexico's federal government should probe alleged Wal-Mart bribes". The Washington Post. Associated Press. April 22, 2012. Retrieved April 23, 2012. [dead link]
Jump up ^ Hamburger, Tom; Dennis, Brady; Yang, Jia Lynn (April 24, 2012). "Wal-Mart took part in lobbying campaign to amend anti-bribery law". The Washington Post. Retrieved November 18, 2012.
External links[edit]
US Department of Justice page on the FCPA
The American Bar Association's Global Anti-Corruption Committee Webpage.
Incidents of actual or alleged bribery
Telvick, Marlena (2003-04-07). "Indictments allege bribes were paid for Kazakstan oil / 2 Americans accused -- but not U.S. firms". sfgate.com. Retrieved 2015-02-18.
Lucent fires four executives in China over allegations of bribery Stephen Taub April 7, 2004 CFO.com
"Monsanto Company Charged with Bribing Indonesian Official" U.S. Department of State, 2005-01-10
Schwartz, Nelson; Bergman, Lowell (November 25, 2007). "Payload: Taking Aim at Corporate Bribery". New York Times. Retrieved 2015-02-18.
"At Siemens, Bribery Was Just a Line Item," by Siri Schubert, New York Times 12/21/2008. joint report by ProPublica, PBS's Frontline, the Investigative Reporting Program at UC Berkeley and The New York Times; related documentary on Frontline April 7, 2009.
"The Business of Bribes" PBS Frontline and FRONTLINE/World February 2009
"KBR charged with bribing Nigerian officials for contracts" CNN.com, February 2009
"Detailed coverage on Wal-Mart FCPA Issues in India" Fraudtoday.net, December 2012
"Halliburton, U.S. Reach Settlement In Bribery Probe," All Things Considered, NPR, January 26, 2009. Halliburton Corp. has announced it will pay out more than $560 million to the Justice Department and the Securities and Exchange Commission to settle a probe into bribery and bid-rigging in contracts around the world. Investigative journalist Lowell Bergman talks about the settlement.
David C. Weiss, The Foreign Corrupt Practices Act, SEC Disgorgement of Profits, and the Evolving International Bribery Regime: Weighing Proportionality, Retribution, and Deterrence, 30 Michigan Journal of International Law 471 (2009).
thebriberyact.com information about the UK Bribery Act
New York Law Journal, November 4, 2010, "White Collar Experts Are Recruited to Handle Expected Increase in Government Enforcements," quote in that article from lawyer M. Scott Peeler, who when asked to compare the two acts, said, "It's the FCPA on steroids."
The European Anti-Bribery Blog. The FCPA and anti-bribery news with a European slant
Google’s ‘Regime Change’ Agent, Jared Cohen
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Fly Like an Eagle (song)
From Wikipedia, the free encyclopedia
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"Fly Like an Eagle"
One of A-side labels of US vinyl single
Single by Steve Miller Band
from the album Fly Like an Eagle
B-side
"Lovin' Cup"
Released
August 1976
Recorded
1976
Genre
Psychedelic rock
space rock
blues rock
Length
3:00 (single version)
4:42 (album version)
Label
Capitol
Songwriter(s)
Steve Miller
Producer(s)
Steve Miller
Steve Miller Band singles chronology
"Rock'n Me"
(1976) "Fly Like an Eagle"
(1976) "Jet Airliner"
(1977)
"Rock'n Me"
(1976) "Fly Like an Eagle"
(1976) "Jet Airliner"
(1977)
"Fly Like an Eagle" is a song written by Steve Miller for the album of the same name.[1] The song went to number 2 on the Billboard Hot 100 chart during the week of March 12, 1977, kept from the top spot by "Evergreen (Love Theme from A Star Is Born)" by Barbra Streisand. The single edit can be found on Greatest Hits (1974–1978). The song has an unusually mellow and "dreamy" feel. It is usually played in tandem with "Space Intro", but the song also segues into "Wild Mountain Honey".
Contents
[hide]
1 Background
2 Reception
3 Personnel
4 Chart performance
4.1 Weekly singles charts
4.2 Year-end charts
5 Seal version
5.1 Background
5.2 Weekly charts
5.3 Year-end charts
6 Other cover versions
7 Additional information
8 References
Background[edit]
The band first performed the song in 1973[2] for the concert at New York City's Felt Forum venue with The Marshall Tucker Band, Buddy Guy and Junior Wells.[3] The song was re-recorded for the eponymous album released in 1976.[2]
An earlier 1973 version of the song features a more bluesy and less funk-inspired rhythm, and guitar taking the synthesizer parts (albeit with similar delay effects).[4] The lyrics are slightly different, indicating that the place the eagle wants to fly away from is a Native American reservation. The song's final, funk-inspired album version pays homage to "Slippin' Into Darkness" by War (1971).
The main guitar hook in the song was first used in a slightly different form on Miller's 1969 track "My Dark Hour" (which featured Paul McCartney).
Reception[edit]
The original Steve Miller Band version sold over one million copies.[5] The Seal version sold over 300,000 units as of April 5, 1997, according to Nielsen SoundScan.[6]
Personnel[edit]
Steve Miller — lead vocals, guitar, ARP Odyssey
Lonnie Turner — bass
Gary Mallaber — drums
Joachim Young — B3 organ
Chart performance[edit]
Weekly singles charts[edit]
Chart (1976–77)
Peak
position
Canada RPM 2
Netherlands (Single Top 100)[7] 21
U.S. Billboard Hot 100 [8] 2
U.S. Billboard Adult Contemporary[9] 38
U.S. Cash Box Top 100 [10] 3
Year-end charts[edit]
Chart (1977)
Rank
Canada [11] 34
U.S. Billboard Hot 100 [12] 28
U.S. Cash Box [13] 50
Seal version[edit]
"Fly Like an Eagle"
Single by Seal
from the album Space Jam: Music from and Inspired by the Motion Picture
B-side
"Instrumental"
Released
November 21, 1996 (1996-11-21)
Recorded
September 1996
Genre
R&B
funk rock
Length
4:14
Label
ZTT
Warner Bros.
Songwriter(s)
Steve Miller
Producer(s)
Rashad "Ringo" Smith
Seal singles chronology
"Don't Cry" / "Prayer for the Dying"
(1996) "Fly Like an Eagle"
(1996) "Human Beings"
(1998)
"Don't Cry" / "Prayer for the Dying"
(1996) "Fly Like an Eagle"
(1996) "Human Beings"
(1998)
Twenty years after Steve Miller's original version, British artist Seal covered "Fly Like an Eagle" for the Space Jam soundtrack, even sampling Miller's original "Space Intro" parts in the song's chorus. This version peaked at number 10 on the Billboard Hot 100, number 13 on the UK Singles Chart and number two on the Canadian RPM 100 Chart. The single was his first top ten since 1995's "Kiss from a Rose".
Background[edit]
According to Seal, the executive producer of the Space Jam soundtrack, Dominique Trenier, asked him to record it. D'Angelo, who was managed by Trenier, played keyboards on the song. Seal has said that Steve Miller approved of the cover version and at one point called him "thanking me and saying that was the best cover of the song that he had heard."[14]
Weekly charts[edit]
Chart (1997)
Peak
position
Canada Top Singles (RPM)[15] 2
Belgium (Ultratip Flanders)[16] 7
Germany (Official German Charts)[17] 61
New Zealand (Recorded Music NZ)[18] 29
Scotland (Official Charts Company)[19] 20
Switzerland (Schweizer Hitparade)[20] 38
UK Singles (Official Charts Company)[21] 13
US Billboard Hot 100[22] 10
US Billboard Adult Contemporary[23] 9
Year-end charts[edit]
Chart (1997)
Rank
Canada Top Singles (RPM)[24] 47
US Billboard Hot 100[25] 79
Other cover versions[edit]
Biz Markie samples the song in his 1986 song, "Nobody Beats the Biz", that was released on his debut album Goin' Off (1988).
EPMD sampled the song in the song, "You're A Customer", from the album Strictly Business (1988).
The British dance project Habit released a groovy version of the song as a single (1990) and on their album "Precious" (1991).
The song was sampled by Vanilla Ice for his single "Rollin' in My 5.0" (1991). Ice has performed "Fly Like an Eagle" as a guest performer during Steve Miller Band shows.
The Neville Brothers covered this song on their album Family Groove in 1992. Steve Miller played some guitar parts on this version.
Religious gospel singer Yolanda Adams covered the song and did the medley from More Than a Melody recorded in 1995.
Polvo covered the song live, introducing it with 'This is a song about blatant localism'.
In 1998, guitarist Ed Hamilton covered the song from his album Groovology.[26][27]
American nu metal band Limp Bizkit reference the song's hook on their song "Crushed", which featured on the soundtrack of the film End of Days (1999).
City High sampled the song in their unreleased remix of the song "City High Anthem" in 2002.
Phish covered the song at its New Year's Eve show in the early minutes of January 1, 2013.
Lord Finesse sampled this track.
A part of the vocals was sampled by Nate Dogg in Xzibit's song "Been a Long Time" on the album Restless (2000).
Portugal. The Man covered the song for the French radio station Mouv'.
Additional information[edit]
The song has also been used in advertisements by the United States Postal Service from 1998 to 2002, using the "Eagle" logo.[citation needed]
The song is featured as a playable song in Rock Band 3.[28]
In 2012, "Fly Like an Eagle" was chosen as "the best-ever song about birds" by Birds & Blooms magazine. "We’re not at all surprised by the popularity of Steve Miller's Fly Like An Eagle with our readers," said Birds & Blooms' editor Stacy Tornio in a press release. "It’s an iconic song for the iconic American bird." Other notable songs on the Birds & Blooms list were Lynyrd Skynyrd's "Free Bird" and the Beatles' "Blackbird".[29]
The synthesizer solo and subsequent faint beeping at the song's ending were used in severe weather warnings broadcast by WFLD, a television station in Chicago.
The name of the Futurama episode "Time Keeps On Slippin'" comes from a line in the song.
Music portal
References[edit]
Jump up ^ "YouTube". YouTube. Retrieved 2016-10-11.
^ Jump up to: a b Chicken Soup for the Soul: Piano Songbook. Hal Leonard. Retrieved November 22, 2016 – via Google Books.
Jump up ^ Sutherland, Sam (December 8, 1973). "Talent in Action: Steve Miller Band, Marshall Tucker Band, Buddy Guy & Junior Wells (Felt Forum, New York)". Billboard. pp. 18, 62. Retrieved November 22, 2016 – via Google Books. Page 18.
Jump up ^ "Steve Miller Band - Fly Like An Eagle (live 1973 - with Greek subtitles)". YouTube. Retrieved 2016-10-11.
Jump up ^ Leszczak, Bob (2014). Who Did It First? Great Rock and Roll Cover Songs and Their Original Artists. Lanham, Maryland: Rowman & Littlefield. p. 61. Retrieved November 22, 2016 – via Google Books.
Jump up ^ Sandiford-Waller, Theda (April 5, 1997). "Hot 100 Singles Spotlight". Billboard. p. 89. Retrieved November 22, 2016 – via Google Books.
Jump up ^ "Dutchcharts.nl – Steve Miller Band – Fly Like an Eagle" (in Dutch). Single Top 100.
Jump up ^ [Joel Whitburn's Top Pop Singles 1955-2002]
Jump up ^ Whitburn, Joel (1993). Top Adult Contemporary: 1961–1993. Record Research. p. 165.
Jump up ^ "Archived copy". Archived from the original on 2015-02-07. Retrieved 2015-05-24.
Jump up ^ "Image : RPM Weekly - Library and Archives Canada". Bac-lac.gc.ca. Retrieved 2016-10-11.
Jump up ^ "Top 100 Hits of 1977/Top 100 Songs of 1977". Musicoutfitters.com. Retrieved 2016-10-11.
Jump up ^ "Archived copy". Archived from the original on 2016-03-04. Retrieved 2015-07-16.
Jump up ^ "Seal – Fly Like an Eagle Lyrics". Genius. 18 November 2015. Retrieved 20 November 2015.
Jump up ^ "Top Singles - Volume 64, No. 22, January 27, 1997" [1] (Retrieved July 28, 2015)
Jump up ^ "Ultratop.be – Seal – Fly Like an Eagle" (in Dutch). Ultratip.
Jump up ^ "Musicline.de – Seal Single-Chartverfolgung" (in German). Media Control Charts. PhonoNet GmbH.
Jump up ^ "Charts.org.nz – Seal – Fly Like an Eagle". Top 40 Singles.
Jump up ^ "Official Scottish Singles Sales Chart Top 100". Official Charts Company.
Jump up ^ "Swisscharts.com – Seal – Fly Like an Eagle". Swiss Singles Chart.
Jump up ^ "Official Singles Chart Top 100". Official Charts Company.
Jump up ^ "Seal Chart History (Hot 100)". Billboard.
Jump up ^ Billboard Adult Contemporary, January 11, 1997
Jump up ^ "RPM Top 100 Hit Tracks of 1997". RPM. Retrieved November 26, 2017.
Jump up ^ "Billboard Top 100 - 1997". Archived from the original on 2009-06-11. Retrieved 2010-08-28.
Jump up ^ "Groovology overview". Allmusic.com.
Jump up ^ "Groovology Ed Hamilton". JazzTimes.com.
Jump up ^ Reilly, Jim (2010-08-20). "Rock Band 3 Set List Revealed - IGN". Ps3.ign.com. Retrieved 2016-10-11.
Jump up ^ "Steve Miller's 'Fly Like an Eagle' Voted Best Song By Bird Lovers". Ultimateclassicrock.com. 2012-07-04. Retrieved 2016-10-11.
[show]
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Studio albums
Children of the Future
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Discography
Studio albums
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Human Being (1998)
Seal (2003)
System (2007)
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Soul 2 (2011)
7 (2015)
Live albums
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Compilations
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Hits (2009)
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Singles
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"The Beginning" (1991)
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"Violet" (1992)
"Prayer for the Dying" (1994)
"Kiss from a Rose" (1994)
"Newborn Friend" (1994)
"Don't Cry" (1996)
"Fly Like an Eagle" (1997)
"Human Beings" (1998)
"This Could Be Heaven" (2001)
"Les Mots" (2001)
"Love's Divine" (2003)
"Walk on By" (2004)
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"The Right Life" (2008)
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"It's a Man's Man's Man's World" (2008)
"I Can't Stand the Rain" (2009)
"If You Don't Know Me by Now" (2009)
"Secret" (2010)
Related articles
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Categories:
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Live from the Red Carpet
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Live From the Red Carpet is the pre-show to the major award shows that airs on E! Entertainment Television. Live From the Red Carpet covers celebrity arrivals and gets you right up for a first-row seat to see the stars and all the excitement with live coverage of the fashion, flair, glitz and glamour. The show is hosted by Ryan Seacrest and Giuliana Rancic.
The program airs the day of every major award show (Primetime Emmy Awards, Golden Globe Award, Academy Awards, Screen Actors Guild Awards and Grammy Awards) and have three other programs that correspond with it:
Countdown to the Red Carpet: Commentary on nominees and coverage of behind-the-scenes preparations. Insider interviews, swag-suite peeks, expert predix and more
Live Post Show-E! After Party: E! talks up all the big winners and highlights of the night
Fashion Police: takes a look at the best dress and worst dress fashion of the night with Melissa Rivers as host
In 2005 TV Guide channel begin airing its own red carpet pre-show. The program got Joan Rivers and her daughter Melissa Rivers to host the program for a reported $8 million for three years.
Contents
[hide]
1 UK Show
2 Current Host
3 UK Hosts
4 Past Host
5 References
6 External links
UK Show[edit]
The UK Edition is aired for the British Academy Film Awards and is hosted by Dermot O'Leary and Fearne Cotton.
Current Host[edit]
Ryan Seacrest (2006–present)
Giuliana Rancic (2004–present)
Jason Kennedy (2017-present)
Alexander von Roon (2006–present)German version and German voice of Ryan Seacrest
UK Hosts[edit]
Dermot O'Leary (2012–present)
Fearne Cotton (2012–present)
Past Host[edit]
Joan Rivers (1996-2004) (as interview host)
Joan Rivers (2009–2014) (Fashion Police)
Melissa Rivers (1996-2004)
Star Jones (2004-2005)
Kathy Griffin (2004-2005)
Nicky Hilton (2004)
Debbie Matenopoulos (2006-2009)
References[edit]
External links[edit]
Live From the Red Carpet - E! Online
[show]
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Rich Kids of Beverly Hills (2014–)
Rob & Chyna (2016–)
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So Cosmo (2017)
Sex with Brody (2015–)
Total Bellas (2016–)
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WAGS (2015–)
WAGS Atlanta (2018–)
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We Have Issues (2015–)
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Cross elasticity of demand
From Wikipedia, the free encyclopedia
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A supply and demand diagram, illustrating
the effects of an increase in demand
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In economics, the cross elasticity of demand or cross-price elasticity of demand measures the responsiveness of the quantity demanded for a good to a change in the price of another good, ceteris paribus. It is measured as the percentage change in quantity demanded for the first good that occurs in response to a percentage change in price of the second good. For example, if, in response to a 10% increase in the price of fuel, the demand for new cars that are fuel inefficient decreased by 20%, the cross elasticity of demand would be:cross body − 20 % 10 % = − 2 {\displaystyle {\frac {-20\%}{10\%}}=-2} . A negative cross elasticity denotes two products that are complements, while a positive cross elasticity denotes two substitute products. Assume products A and B are complements, meaning that an increase in the price for A accompanies a decrease in the quantity demanded for B. Therefore, if the price of product B decreases, the demand curve for product A shifts to the right reflecting an increase in A's demand, resulting in a negative value for the cross elasticity of demand. The exact opposite reasoning holds for substitutes.
Contents
[hide]
1 Results for main types of goods
1.1 Selected cross price elasticities of demand
2 See also
3 Notes
4 References
5 External links
Results for main types of goods[edit]
In the example above, the two goods, fuel and cars (consists of fuel consumption), are complements; that is, one is used with the other. In these cases the cross elasticity of demand will be negative, as shown by the decrease in demand for cars when the price for fuel will rise. In the case of perfect substitutes, the cross elasticity of demand is equal to positive infinity (at the point when both goods can be consumed). Where the two goods are independent, or, as described in consumer theory, if a good is independent in demand then the demand of that good is independent of the quantity consumed of all other goods available to the consumer, the cross elasticity of demand will be zero i.e. if the price of one good changes, there will be no change in demand for the other good.
Two goods that complement each other show a negative cross elasticity of demand: as the price of good Y rises, the demand for good X falls
Two goods that are substitutes have a positive cross elasticity of demand: as the price of good Y rises, the demand for good X rises
Two goods that are independent have a zero cross elasticity of demand: as the price of good Y rises, the demand for good X stays constant
When goods are substitutable, the diversion ratio, which quantifies how much of the displaced demand for product j switches to product i, is measured by the ratio of the cross-elasticity to the own-elasticity multiplied by the ratio of product i's demand to product j's demand. In the discrete case, the diversion ratio is naturally interpreted as the fraction of product j demand which treats product i as a second choice,[1] measuring how much of the demand diverting from product j because of a price increase is diverted to product i can be written as the product of the ratio of the cross-elasticity to the own-elasticity and the ratio of the demand for product i to the demand for product j. In some cases, it has a natural interpretation as the proportion of people buying product j who would consider product i their "second choice".
Approximate estimates of the cross price elasticities of preference-independent bundles of goods (e.g. food and education, healthcare and clothing, etc.) can be calculated from the income elasticities of demand and market shares of individual bundles, using established models of demand based on a differential approach.[2]
Selected cross price elasticities of demand[edit]
Below are some examples of the cross-price elasticity of demand (XED) for various goods:[3]
Good
Good with Price Change
XED
Butter Margarine +0.81
Beef Pork +0.28
Entertainment Food -0.72
See also[edit]
Economics
Supply and demand
Elasticity (economics)
Price elasticity of demand
Price elasticity of supply
Income elasticity of demand
Arc elasticity
Yield elasticity of bond value
Notes[edit]
Jump up ^ Bordley, R., "Relating Cross-Elasticities to First Choice/Second Choice Data", Journal of Business and Economic Statistics, (1985).
Jump up ^ Sabatelli L (2016) Relationship between the Uncompensated Price Elasticity and the Income Elasticity of Demand under Conditions of Additive Preferences. PLoS ONE11(3): e0151390. https://doi.org/10.1371/journal.pone.0151390
Jump up ^ Frank (2008) p.186.
References[edit]
Frank, Robert (2008). Microeconomics and Behavior (7th ed.). McGraw-Hill. ISBN 978-0-07-126349-8.
External links[edit]
Database for Commodity Elasticity at Food and Agricultural Policy Research Institute, University of Iowa
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