The u. S. Foreign corrupt practices act implications for international distributors

DOJ FCPA Opinion procedures useful (28 CFR Part 80)

• DOJ FCPA Opinion procedures useful (28 CFR Part 80)
• ▪ Request ruling whether proposed conduct would violate anti-bribery provisions
• ▪ Answer within 30 days (once DOJ has all needed information)
• ▪ Process: www.usdoj.gov/criminal/fraud/fcpa/opinproc.htm
• Fourth: Due diligence during contract
• ▪ Make sure contractual commitments by intermediary are kept
• ▪ Review background of orders to high-risk countries
• ▪ No unusual payments, high commissions w/o clear justification
• ▪ Monitor payments to subagents; T&E
• ▪ Changes in partner during contract: political involvement, changes in ownership, etc.

• Maintaining Compliance