Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

Authors： Kazuhiro Kobayashi
Magazine/Book：The Association of Corporate Legal Departments Report No.625 (March 2026)
Publisher：The Association of Corporate Legal Departments
Practice： Bribery, Financial and Governmental Regulations Global Compliance Construction / Infrastructure North America Mexico, Central America, South America, and the Caribbean
Date of publication： March, 2026

Other publications by Kazuhiro Kobayashi

2026.03.10
Notes on a Governing Law Clause in International Contracts (4) Certain Governing Law Clauses Which Become Issues in Practice
2025.12.10
Notes on a Governing Law Clause in International Contracts (3) Applicable Law Notwithstanding a Governing Law Clause
2025.10.10
Petition for a Ruling on Arbitral Tribunal Jurisdiction under Article 23,Paragraph 5 of the Arbitration Act of Japan (Japan Commercial Arbitration Journal VOL. 6 ［2025］)
2025.09.10
Notes on a Governing Law Clause in International Contracts (2)Limitation on Party Autonomy in the Governing Law Clause and the Effect of the Governing Law Clause on Non-Contractual Claims
2025.06.10
Notes on a Governing Law Clause in International Contracts (1) Purpose of a Governing Law Clause and Party Autonomy
2024.12.28
International Licensing and Technology Transfer: Practice and the Law - Chapters 2, 5, 6, 7 (each Japan part)
2024.09.20
Practical Issues in Enforcing International Settlement Agreements Resulting from Mediation
2023.12.22
Recent Amendments to the Arbitration Act and the New Mediation Law concerning the Enforcement of International Mediation - Part II
2023.10.02
Revision of the Arbitration Act and Signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation
2023.09.25
Scope, Amount and Sharing of Arbitration Expenses and Court Costs in Japan
2023.09.22
Recent Amendments to the Arbitration Act and the New Mediation Law concerning the Enforcement of International Mediation – Part I
2022.07.01
Economic Sanctions Against Russia and Other Countries - Measures to Prohibit Export and Others
2021.11.02
International Comparative Legal Guides: Private Equity 2021, Japan Chapter
2021.09.14
Arbitration Clauses under Revised JCAA Arbitration Rules
2021.08.24
Global Legal Insights to: Pricing & Reimbursement 2021（Fourth Edition） Japan Chapter
2020.08.19
Global Legal Insights to: Pricing & Reimbursement 2020（Third Edition） Japan Chapter
2020.05.22
Legal Challenges Magazine: Doing Business in Japan
2019.12.20
International Legal Practice
2019.08.30
Global Legal Insights to: Pricing & Reimbursement 2019（Second Edition） Japan Chapter
2019.08.21
Arbitration Clauses under New JCAA Arbitration Rules
2016.09.30
Protecting Personal Information Beyond the Borders of Japan
2015.06.10
Q&As on the Business Legal Practice: Business Expansion to Overseas Markets by Small and Medium-Sized Companies (1)
2015.05.26
Joint R&D Agreement Handbook- Practices and Examples of Japanese-English Provisions
2013.10.01
Special Issue to Indonesian Business Law Commentary, Franchise Regulation　- Service Industry with more Restrictions on Foreign Investment than Manufacturing -
2012.11.01
Product Recall, Liability and Insurance
2012.05.01
First Special Topic: Points of Review of English Agreements - Distributorship or Agency Agreement -
2012.02.20
US Bankruptcy Law Part II
2012.02.15
Commentary on United Nations Convention on Contracts for the International Sales of Goods Vol.8
2011.12.01
Practical Guide to the CISG: Through a Comparison with Japanese Civil and Commercial Law
2011.01.21
US Bankruptcy Law Part I
2007.01.01
The Japanese Language Translation of IBA Guidelines on Conflicts of Interest in International Arbitration
2006.12.01
Japan Corporation Law Guide
2006.10.01
International Distributorship/Agency Agreement
2006.04.01
Confidentiality Agreement
2006.04.01
Guide to International Legal Practice (1) to (11)

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Other publications about North America

2026.03.26
Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -
2025.08.05
U.S. Bankruptcy Proceedings (5): License Agreements (Intellectual Property Rights)
2025.08.05
U.S. Bankruptcy Proceedings (4): Support by Sponsors (Section 363 Sales)
2025.08.05
U.S. Bankruptcy Proceedings (3): First Day Motions
2025.08.05
U.S. Bankruptcy Proceedings (2): Measures that May be Taken by Creditors in Transactions
2025.08.05
U.S. Bankruptcy Proceedings (1): Effects of the Automatic Stay and Related Practical Considerations
2025.07.01
Increased Importance of Security and Export Control Under the Trump Administration
2024.10.28
What are the Laws and Regulations Governing Cross-border E-commerce? With a Focus on the Risks of Consumer Protection Laws in the U.S. and the EU
2024.04.10
Foreign Filling Restrictions of Major Countries －Mechanisms to Restrict Foreign Filing of Sensitive Inventions－
2023.12.25
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.9] Climate Change and Corporate Litigation Risk
2023.11.20
Inventions Made Across Boarders and the Attachment Foreign Filling Restrictions: Conflicts in the Restrictions and How They Are Handled
2023.10.02
Cyberattacks, cybersecurity, and economic security…? Take a Pause to Consider them
2023.08.25
National Security and Business: Conflict of Nations and Regulation of Specific Companies
2023.01.13
[US Export Administration Regulations (EAR)] Expansion of the Extraterritorial Coverage of the US EAR (Direct Product Rule)
2022.03.01
Summary of Countermeasures for Counterfeit Products in the US
2021.04.01
Patent Enforcement Practices Before, During and After Patent Litigation Proceedings in Japan – A Comparative Analysis with Germany and the United States –
2021.03.31
Protection of Geographical Indications under the TPP and Japan-EU Economic Partnership Agreement (EPA)
2021.01.01
The Ways of Limiting Injunctive Relief in Patent Infringement Litigation and their Effects – Current Japanese Practices and Suggestions for their Future Improvements, based on the Recent Trends in Germany and the United States –
2020.07.29
Elpida Memory Corporate Reorganization Proceedings – International Bankruptcy Case of a Semiconductor Memory Manufacturer that Obtained a Decision of Recognition of a Reorganization Plan [in Japan]
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.09.21
DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.07.09
Various Aspects of the US Bankruptcy Law #5 –Venue for Chapter 11 filings
2019.03.01
Schmidt's Deodorant Company (Natural Deodorant Products), Report #6127, NAD/CARU Case Reports (10/27/2017) - A Case Study where Advertising Claims based on General Customers' Reviews were Found Inappropriate in the US -
2017.11.27
Lecture on Practices of the U.S. Antitrust Laws
2015.02.01
Reading of U.S. Supreme Court Cases: Commentary on Intellectual Property and Business Cases in the 21st Century
2014.05.01
Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration
2008.12.01
"Emergency Measures to Rescue Financial Institutions in the US,"
2008.11.01
"Formulation of Financial Institution Rescue Measures in the United States"
2006.04.01
Guide to International Legal Practice (1) to (11)
2003.01.01
"Q&A on Reorganization of US Branches and Subsidiaries - Procedures, Tax/Legal Issues under Local Legislation,"
2002.10.01
"US-Japan Comparison - Tax and Legal Matters of Financial Instruments,"
2002.09.01
"Tax Q&A on Corporate Restructuring Across Japan and the US"

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Other publications about Bribery, Financial and Governmental Regulations

2026.03.26
Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -
2019.04.30
The Practice and Prospects of Cooperation Process in Japan Criminal Investigations

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Other publications about Mexico, Central America, South America, and the Caribbean

2026.03.26
Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -
2012.12.01
Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA

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Other publications about Construction / Infrastructure

2026.03.26
Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -
2024.09.27
An Overview of the New Carbon Dioxide Capture and Storage Business Act

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Other publications about Global Compliance

2026.03.26
Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -
2025.11.28
Issues of Dual Compliance in Cross-Border Internal Investigations between Japan and China and Responses Thereto
2023.11.28
Response to the Risk of Misconduct in Business in China (5) - Changes in the Business Environment in China and Efforts to Maintain Business Health
2023.09.29
Response to the Risk of Misconduct in Business in China(4) - Effect of Cross-border Data Regulations of China: Handling of Personal Information or the like in Internal Investigations
2021.03.01
Corporate Governance and Internal Investigations in Europe (3) – Protection of Whistleblowers
2021.03.01
Corporate Governance and Internal Investigations in Europe (2) – Protection of Personal Data
2021.03.01
Corporate Governance and Internal Investigations in Europe (1) - Overview
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.09.27
Points to Note in the Governance of Overseas Subsidiaries in View of Group Guidelines and Actual Examples of Corporate Scandals
2019.09.21
DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~

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