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FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation
FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation
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FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation
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FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation
FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation

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FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation
FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation
Journal Article

FCPA and TCA: Introducing the Presumptions of Final Judgment and Joint Investigation

2019
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Overview
Abstract On February 2, 2016, the Congress of Colombia passed the Transnational Corruption Act (\"TCA\") in an effort to fight international corruption like the Foreign Corruption Practices Act (\"FCPA\") does in U.S. This paper explains why TCA and FCPA define different legal standards for corporate liability. It also explains how these differences increase economic costs for legal entities doing business in Colombia and U.S. Against this backdrop, this paper suggests the implementation of one universal set of anti-corruption rules. However, based on the unlikeliness of achieving such an international consensus, it also suggests that law enforcement agencies enforce anti-bribery statutes such as the TCA and FCPA under certain rebuttable presumptions. Resumen El 2 de febrero de 2016, el Congreso de Colombia aprobó la ley sobre corrupción transnacional (\"TCA\"), un esfuerzo local por combatir la corrupción internacional como lo es la Foreign Corruption Practices Act (FCPA) en Estados Unidos. Este artículo explica por qué TCA y FCPA definen estándares legales diferentes para la responsabilidad corporativa. También explica por qué estas diferencias incrementan los costos económicos para las entidades legales con negocios en Colombia y EE.UU. En ese contexto, este artículo sugiere la implementación de un cuerpo universal de reglas anticorrupción. Sin embargo, con base en las pocas probabilidades de obtener un consenso internacional de este tipo, también sugiere que las agencias encargadas apliquen leyes anticorrupción como lo son TCA y FCPA bajo ciertas presunciones rebatibles.