FCPA Opinion Procedure Release 04-02

FCPA Opinion Procedure Release 04-02 came from an investor group of JPMorgan Partners Global Fund, Candover 2001 Fund, 3i Investments plc, who were acquiring certain companies and assets from ABB Ltd.  relating to ABB’s upstream oil, gas, and petrochemical businesses. On July 6, 2004, the DOJ announced guilty pleas to violations of the Foreign Corrupt […]

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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 […]

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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: It has no business in […]

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FCPA Opinion Procedure Release 06-01

FCPA Opinion Procedure Release 06-01 comes from a company wanting to contribute money to a regional customs department or the Ministry of Finance in an African country as part of a pilot project to improve local enforcement of anti-counterfeiting laws. The Requestor seeks to make the monetary contribution to the Counterparty in order for the […]

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FCPA Opinion Procedure Release 06-02

FCPA Opinion Procedure Release 06-02 comes from a company looking to hire a law firm to help prepare foreign exchange applications and represent the company during the review process. The company plans to take steps to ensure that the law firm does not make any improper payments and to implement a variety of anti-corruption measures.

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FCPA Opinion Procedure Release 07-01

FCPA Opinion Procedure Release 07-01 comes from US company looking to bring delegates from an Asian country to the U.S. an educational and promotional tour of one of the requestor’s U.S. operations sites. The stated purpose of the visit is to familiarize the delegates with the nature and extent of the requestor’s operations and capabilities […]

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FCPA Opinion Procedure Release 07-02

FCPA Opinion Procedure Release 07-02 comes from a U.S. insurance company regarding the payment of expenses for foreign government officials coming to the U.S. for an educational program. The DOJ found the promotional expenses to fall within the promotional expenses affirmative defense of being reasonable under the circumstances and relate to the promotion, demonstration or […]

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FCPA Opinion Procedure Release 07-03

FCPA Opinion Procedure Release 07-03 comes from an individual who wants to make a payment required by an Asian court to cover litigation-related expenses payable to a court-appointed administrator. The Release notes that the payment is being made to a government entity, the court clerk’s office, rather than a foreign official.  The FCPA only prohibits […]

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FCPA Opinion Procedure Release 08-01

FCPA Opinion Procedure Release 08-01 (.pdf) came at the request of an unnamed company who is planning to have a subisidiary purchase the majority interest in an investement target from a State Enterprise. The minority interest is held by someone who would be considered a “foreign official” under the FCPA.

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FCPA Opinion Procedure Release 08-02

FCPA Opinion Procedure Release 08-02 came at the request of Halliburton and its subsidiaries as they are looking to buy a UK well flow management company. They did not have enough time to complete the appropriate FCPA diligence on the target. Halliburton was concerned about inheriting FCPA liability as a result of its acquisition of […]

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