世界警察:域外FCPA执法对外国投资和内部控制的影响

Policeman for the World: The Impact of Extraterritorial FCPA Enforcement on Foreign Investment and Internal Controls

Accounting Review · 2021
被引 38
人大 A+FT50UTD24ABS 4*

中文导读

研究发现2000年代中期美国《反海外腐败法》域外执法的加强,显著抑制了对高腐败风险国家的外国直接投资,且对非美国公司的影响不亚于美国公司,同时揭示了合规成本在其中的作用。

Abstract

ABSTRACT We show that a mid-2000s increase in extraterritorial enforcement of the U.S. Foreign Corrupt Practices Act (FCPA), characterized by greater international regulatory cooperation and more frequent use of the FCPA's accounting provisions, has a significant deterrent effect on foreign direct investment in high-corruption-risk countries. The decrease in investment is at least as large for non-U.S. as for U.S. firms, suggesting that widespread extraterritorial enforcement helps to create a level foreign investment playing field. Firms under U.S. jurisdiction with fundamental characteristics that make it more difficult to maintain effective internal controls invest less in high-corruption-risk countries after the FCPA enforcement increase, suggesting regulatory compliance costs play a role in deterring investment. Consistent with investments in accounting systems being one way, firms limit enforcement risk when investing in high-corruption-risk countries, firms pursuing new investments spend more time evaluating potential targets, and firms with existing investments report fewer restatements related to unintentional errors. JEL Classifications: F50; F60; K2; M4; O1.

FCPA域外执法外国直接投资内部控制腐败风险