FCPA Opinion Procedure Release 04-04

FCPA Opinion Procedure Release 04-04 was requested by a U.S. company proposing to fund a study tour of foreign officials who are members of a committee drafting a new law on mutual insurance, an industry in which the Requestor conducts business.

In its request, the Requestor made the following representations:

  1. It has no business in the foreign country or with the foreign government, except for certain reinsurance contracts purchased in the global market and a Representative Office;
  2. It is not aware of any pending or anticipated business in the foreign country or with the foreign government;
  3. It is not selecting the particular officials who will travel, which decision is solely being made by the foreign government;
  4. It intends to pay all costs directly to providers or to reimburse costs only upon presentation of a receipt;
  5. It will not provide any gifts or tokens to the officials; and
  6. Other than the expenses identified in the request, it will not compensate the foreign government or the government officials for their participation in the Study Tour.