A congressman recently introduced a bill that would create a private right of action against foreign companies for violations of the Foreign Corrupt Practices Act.  This would allow for companies to sue foreign companies for any damages stemming from the violation of this law. 

In such an action, the company would merely allege that the FPCA had been violated, and that the plaintiff did not receive the particular benefit received by the defendant.  This legislation has been introduced in other sessions, and failed.  Although there is little chance of passage, it does indicate that there are concerns on many different fronts with the FCPA.  For example, many corporate interests have criticized the FPCA for not having clarity or certainty, including, but not limited to, several unclear definitions that exist within the statute that the government has used to expand its enforcement approach. 

Accordingly, although the bill will not likely become law, it does provide an opportunity, possibly, for the government to provide for a review to allow for more clarity with this particular statute.