FCPA Opinion Procedure Release 04-03

FCPA Opinion Procedure Release 04-03 came from a U.S. law firm proposing to sponsor a trip to the United States by twelve officials of a ministry of the People’s Republic of China to provide the Ministry officials an opportunity to meet primarily with U.S. public-sector officials to discuss (1) U.S. regulation of employment issues, labor unions, and workforce safety; and (2) the institutions and procedures through which legal conflicts in the workplace are resolved.

The requestor intends to pay the travel, lodging, meals, and insurance for the twelve officials and one translator.

The requestor has represented, among other things, that:

  1. it has no business before the entities that may send officials on the visit;
  2. it has obtained written assurance, a copy of which has been provided to the Department of Justice, from the Deputy Director of the Department of Legal Affairs of the Ministry that the requestor’s sponsorship of the visit and its payment of the expenses described in the request violate no law of the PRC;
  3. it is not selecting the particular officials who will be invited; rather, the Ministry will select who will participate in the visit;
  4. it will host only officials working for the Ministry, related government agencies, and necessary interpreters;
  5. it intends to pay all costs directly to the providers; no funds would be paid directly to the Ministry or other government officials;
  6. it will not pay any expenses for spouses, family, or other guests of the officials; and
  7. apart from meals and receptions connected to meetings or speakers or the events it is planning for the officials, it will not fund, organize, or host any entertainment or leisure activities for the officials, nor will it provide the officials with any stipend or spending money.