American Provision that Doesn’t Apply Extraterritorially

Foreigners have tried several times to sue a non-American party in American courts. They have invested in legal translation services and lawyers who specialize in international law. They have collected all the evidence that they could use in court to win the case. For example, they have translated documents to indicate foreign companies’ efforts to bribe officials. Such documents might include emails that the parties have exchanged about bribe. Such practices are not allowed under the Foreign Corrupt Practices Act, but the provisions apply to American only. Even if all the translated documents clearly point to a violation of this act, American courts cannot hear a case that involves foreign parties only. They can hear a case if an American was trying to bribe a foreign official. Recently a U.S judge decided to dismiss a lawsuit against Siemens AG over bribing hospital officials in Asia. The decision was based on the idea that U.S civil statutes are irrelevant to non-U.S. conduct.

A former compliance agent at Siemens China’s healthcare division accused the German company of engaging in behavior that violated the FCPA. American courts have ruled that the provisions do not apply outside of the United States. Foreign parties who cannot speak the English language can come to an American court with an interpreter who is familiar with legal terminology, but chances are their case will be dismissed because the court cannot apply the laws to cases that do not involved American citizens. For instance, in 2012 a federal judge in Texas also threw out a similar claim against General Electric for hiring an individual who had close ties with an Iraqi official with whom it was planning to discuss a joint venture agreement.

California Center for Translation & Interpretation is interested in helping parties that want to seek justice in the American system. Our legal translators and interpreters who are truly committed to providing high-quality translations for your documents would be happy to assist you. They are friendly and focused on quality. They never rush to finish a project because they do not want to compromise quality. We cannot comment on what document needs to be translated for courts or what cases will be dismissed. Therefore, please check with your lawyers to determine which documents are necessary. Once you have figured out which documents have to be translated, please contact us regarding our legal translation services. We look forward to speaking with you about how you can get a legal document translated into English.

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