Mark B. Feldman international law

Garvey Schubert Barer

202-321-2690

Georgetown University Law Center (foreign relations law) 

Former Deputy and Acting Legal Adviser U.S. Department of State 

Illicit payments (FCPA):

As Deputy Legal Adviser in the State Department, Mark Feldman was deeply involved in the illicit payments scandals of the 1970s, including the legislative process that culminated, over State Department objections, in the Foreign Corrupt Practices Act of 1977 (FCPA).  He first testified on illicit payments issues in the Ford Administration.[1]  When President Carter sought UN and OECD agreements that would help developing countries curb foreign bribery and level the playing field for U.S. business, Mark Feldman was the action officer for the United States in these negotiations.[2]

 In private practice, Mark Feldman worked with the business community to reform the FCPA and testified before both House and Senate.[3]  Over the years, he has advised companies on the legal aspects of doing business in sensitive foreign markets, helped clients establish best-practice compliance programs, and assisted internal investigations for companies considering voluntary disclosures.  A number of colleagues at Garvey Schubert Barer practice in this area as well. 

[1] Testimony on Illicit Payments,  Subcomm. Consumer Protection and Finance, House Interstate and Foreign Commerce Committee, 94 Cong., 2d Sess., September 21, 1976.  Testimony on Illicit Payments,  Activities of American  Multinational Corporations Abroad, Subcomm. Int. Economic Policy, House Int. Relations Comm., 94 Cong., 1st Sess., June 5, 1975, DOS Bulletin July 7, 1975 at 39.

[2] See my Statement to UN ECOSOC Intergovernmental Working Group on Corrupt Practices, November 15, 1976, DOS Bulletin, December 6, 1976 at 696.

[3] Subcomm. Int. Economic Policy and Trade (Bonkers presiding), House Foreign Affairs Comm., 98 Cong., 1st Sess., April 18 (etc), 1983.  Testimony on FCPA amendments (S. 708), Joint Hearing, Senate Banking, Housing and Urban Affairs Comm., 97 Cong., 1st Sess., May 21, 1981.