However, exporters of unregistered pesticides or other chemicals subject to regulatory control actions must comply with certain notification requirements. Knowing includes the concepts of conscious disregard and willful blindness. The FCPA also contains provisions applicable to publicly held companies concerning financial record keeping and internal accounting controls. A person charged with violating the FCPA's anti-bribery provisions may assert as a defense that the payment was lawful under the written laws and regulations of the foreign country or that the payment was associated with demonstrating a product or performing a contractual obligation. A person or firm found in violation of the FCPA may be barred from doing business with the federal government.
Indictment alone can lead to a suspension of the right to do business with the government.
Conduct that constitutes a violation of the FCPA may give rise to a private cause of action under the Racketeer-Influenced and Corrupt Organizations Act. The Department of Justice is establishing an FCPA opinion procedure to replace the current FCPA review procedure. Under the opinion procedure, any party will be able to request a statement of the Department of Justice's present enforcement intentions under the anti-bribery provisions of the FCPA regarding any proposed business conduct. More information on the FCPA is available through the NTDB .