Doing business in countries perceived to be high risk for corruption and FCPA compliance issues (and unhappily my country Nigeria sits squarely within that category) requires a clear picture of who your local partners are, and whether associating with them represents any sort of risk to you from a compliance perspective.
Entries in Foreign Official (151)
As mentioned in my post last week, one way the DOJ determines if a company has performed the required anti-corruption due diligence when acquiring an entity is looking at whether the new entity was promptly incorporated into the acquiring company’s internal controls, including its compliance program.
The DOJ announced that Daniel Kahn became Chief of the FCPA Unit, effective June 1.
One of the threshold questions for a company considering the engagement of a government official is whether the engagement is needed for legitimate purposes. If the company cannot articulate an adequate and appropriate business justification, there is a risk that the engagement may be sought or undertaken for a corrupt purpose.
Companies operating in emerging markets sometimes retain qualified government officials to provide services such as consulting or speaking. In some circumstances, particularly in developing markets, these services are necessary and can serve a company’s legitimate business needs.
A recent scandal at a major Chinese public hospital revealed that many of the public hospitals across the country outsource their medical services to private companies and employ doctors as independent contractors. That could raise doubts about some public hospital doctors in China being "foreign officials" under the FCPA.
Per diems. We in the FCPA bar love to hate them, and with good reason. Who likes the idea of giving cash to foreign officials? If there’s anything that should rankle the anti-corruption specialist, this is it.
Delhi recently started enforcing new traffic regulations to reduce pollution levels. In October 2015, the city -- properly the National Capital Territory, where 10 million people live -- imposed a Green Tax on vehicles.
A Russian official living in Maryland pleaded guilty Monday to conspiracy to commit money laundering for taking over $2 million in bribes in exchange for transport contracts with the Russian state-owned nuclear energy corporation.