Later this year, the Department of Justice (“DOJ”) is expected to publish a Guidance on the Foreign Corrupt Practices Act (“FCPA”), which will update the current Lay Person’s Guide to the FCPA previously published by DOJ. In response to questions from Senate Judiciary Committee Ranking Member Chuck Grassley, an Iowa Republican, Attorney General Eric Holder recently hinted at what the new Guidance will include. Holder stated that the Guidance likely will address the definitions of “foreign official” and “facilitating payment.” Also, the Guidance likely will clarify the benefits of having a corporate compliance program in place and the elements of an effective compliance program. In addition, the Guidance likely will discuss successor liability. The Guidance is currently under review by the DOJ, the Securities and Exchange Commission and other agencies. It is not clear yet when it will be released to the public. A copy of Holder’s responses is available at: http://www.scribd.com/doc/99256469/DOJ-Responses-to-Senator-Grassley-Questions- Regarding-FCPA-Guidance.