Foreign Corrupt Practices Act (“FCPA”) Policy
Effective Date: January 1, 2010
1.0 Foreign Corrupt Practices Act Introduction
The FCPA is a federal law (15 U.S.C. §78-dd-1, et seq.) that prohibits corrupt payments to foreign officials for the purposes of obtaining or retaining business abroad. Specifically the FCPA prevents paying, offering or promising to pay money or anything of value to any foreign official, foreign political party or party official, or any candidate for foreign political office, directly or indirectly, for the purpose of obtaining or retaining business, directing business to any person or entity, or securing any improper advantage.
The FCPA applies to all United States corporations, as well as persons acting on their behalf. Thus, the FCPA applies to Arcadia University (“Arcadia”) (defined for purposes of the FCPA as a “domestic concern”), as well as its officers, directors, employees, and agents. Further, a United States entity may be held liable under the FCPA for the improper activities of its foreign subsidiaries if the United States entity authorized or participated in the conduct.
This Policy ensures that Arcadia, its affiliates and Colleges are aware of, monitor and comply with this statute. This Policy should be read in conjunction with the Arcadia University FCPA Procedures, which set forth with more particularity information about compliance and implementation of this policy. To access the procedures, click here. The Procedures detail the applicability of the Policy to various situations at Arcadia.
It is the policy of Arcadia that each of our employees, faculty, staff, agents, sub-agents, representatives, contractors, sub-contractors, vendors, joint venture partners and other third parties that work with Arcadia comply with the anti-bribery laws of the United States and of the foreign countries where Arcadia does business. Bribery of any kind in the United States and Abroad, regardless of foreign custom or practice, is strictly prohibited. No Arcadia employee, faculty, staff, agent, sub-agent, representative, contractor, sub-contractor, vendor, joint venture partner, or any other third party with which Arcadia works shall make any payment or provide anything of value, to any person, with the intent to improperly influence that person to secure any advantage for Arcadia in obtaining or retaining business, or directing business to any person or entity.
4.0 Scope of Policy and Violations
This policy applies to all Arcadia operations worldwide. It applies to Arcadia’s own employees, faculty and staff. Arcadia requires that third parties, i.e. agents, sub-agents, contractors, sub-contractors, vendors, representatives, joint venture partners and other third parties, with whom it works on international operations, comply with this Policy.
In addition to the federal civil and criminal fines and penalties imposed by the FCPA itself, violators of this Arcadia Policy may be subject to disciplinary measures imposed by the University. Penalties for violations will vary with the circumstances, but may include termination.
If any Arcadia employee is unsure whether they are being asked to make an improper payment, they should not make the payment. They should consult with their supervisor, the Office of General Counsel (“OGC”), or call the EthicsPoint Hotline at 1-888-271-4516, or report the instance online at www.arcadia.edu/ethicspoint if there is any doubt at all about the propriety of the payment. Arcadia policies prohibit retaliation for good faith reporting and you may remain anonymous by reporting through EthicsPoint.
5.0 Compliance Procedures
The “Arcadia FCPA Compliance Procedures,” are designed to provide guidance concerning compliance with the FCPA and this Policy. They are maintained by the OGC and can be accessed by clicking [hyperlink here]. These procedures provide details and updates concerning additional FCPA compliance components such as training, compliance certification, audits, and procedures concerning due diligence in the hiring of third parties, contract formation, and internal controls and records. These procedures provide specifics that must be followed to ensure that the University operates in a manner that prevents violation of the FCPA, and also that the University retains and contracts with individuals and entities that comply with the FCPA. These procedures must be followed as part of Arcadia’s FCPA Policy.
6.1 Foreign Official: Officers or employees of a foreign government (including armed forces or any departments, agencies, or instrumentalities thereof), foreign state-run or state-owned enterprises or entities; public international organizations; and foreign political parties, or any person acting in an official capacity for or on behalf of any such government or department, agency or instrumentality or for or on behalf of any such public international organization. The term can also include candidates for foreign public office and close family members or relatives of such officials or employees. This broad interpretation also includes entities partially or wholly owned by a foreign government, or entities in which the foreign government has the power to appoint board members or the power to exercise effective or de facto control.
While the above descriptions are the most common examples of Foreign Officials, they are not exhaustive. If you are not sure if a person is a Foreign Official, consult the OGC.
6.2 Domestic concern: Any individual who is a citizen, national, or resident of the United States, or any Corporation, which has its principal place of business in the United States, or which is organized under the laws of a State of the United States, or a territory, possession, or common wealth of the United States.
If you have any questions or concerns regarding this policy or the procedures discussed herein, please contact the OGC at 215-517-2383 or by email.
8.1 Cross Reference
This Policy is to be read in conjunction with Arcadia’s FCPA Compliance Procedures.
8.2 Other Resources
For more information regarding the FCPA please visit the Department of Justice’s website for a useful resource called the “Lay-Person’s Guide to FCPA.” Visit www.justice.gov/criminal/fraud/docs/dojdocb.html.