Introduction: Global Reach for Global Wrongs
A common question for individuals outside the United States is whether they have rights under U.S. whistleblower laws. The answer is a definitive yes.
The U.S. Securities and Exchange Commission (SEC) Whistleblower Program, which processes tips related to the Foreign Corrupt Practices Act (FCPA), was designed with a global reach.
Your citizenship or country of residence does not prevent you from reporting bribery and corruption or from being eligible for the program’s protections and awards.
The Right to Confidentiality and Anonymity
Perhaps the most critical rights for an international whistleblower are those of confidentiality and anonymity. These protections are fully available to non-U.S. citizens.
- Confidential Reporting: If you submit a tip directly to the SEC, the agency is legally obligated to protect your identity from disclosure to the fullest extent of the law.
- Anonymous Reporting: You have the right to submit a tip completely anonymously by hiring a U.S.-licensed attorney to file on your behalf. The SEC will not know your identity. All communications are routed through your legal counsel, providing a powerful shield for whistleblowers in countries where local protections may be weak or non-existent.
The Right to a Monetary Award
International whistleblowers are fully eligible to receive a financial award if their information leads to a successful enforcement action. The SEC has repeatedly and publicly confirmed this policy, and has granted numerous multi-million dollar awards to foreign nationals.
- Award Eligibility: The rules are the same for everyone. If your original information leads to an SEC enforcement action with monetary sanctions exceeding $1 million, you are eligible for an award.
- Award Amount: The award is between 10% and 30% of the total funds collected. The final percentage is determined by the SEC based on the significance of your information and the level of assistance you provide.
The Right to Anti-Retaliation Protection (with Nuance)
The Dodd-Frank Act provides strong anti-retaliation protections for whistleblowers. However, the practical application of these rights for individuals working outside the U.S. can be legally complex.
- The Legal Standard: U.S. law prohibits employers from firing, demoting, harassing, or otherwise discriminating against employees for providing information about securities law violations to the SEC.
- Jurisdictional Challenges: The ability to enforce these protections is strongest when the employer has a clear connection to the United States (e.g., it is a U.S. company, a subsidiary of a U.S. parent, or its shares are traded on a U.S. stock exchange). Enforcing a U.S. judgment, such as for job reinstatement or back pay, against a purely foreign company in a foreign court can be challenging. Because of this complexity, it is vital to consult with an attorney who has experience in international whistleblower cases to understand how these protections may apply to your specific situation.
Summary of Your Core Rights
As an international citizen with knowledge of FCPA violations, you have the right to:
- Submit a tip to the U.S. government.
- Remain anonymous by using a U.S. attorney.
- Have your identity kept confidential by the SEC.
- Be eligible for a significant financial reward.
- Access powerful anti-retaliation laws, though the enforcement may depend on jurisdiction.
The SEC’s program is a powerful tool in the global fight against corruption, and the agency actively encourages and rewards credible tips from individuals all over the world.
