Per diems abound. Since my first post in this series six months ago, I’ve been asked to help our clients with at least fifteen foreign government tenders or contracts that require the payment of per diems during testing or training visits. While not a scientific survey, it underscores what I believe to be a growing demand by foreign governments for per diems.
Entries in Per Diem (4)
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.
Most FCPA Blog readers know that the FCPA contains an affirmative defense under which companies may incur expenses, such as meals or travel costs, on behalf of foreign government officials, so long as those expenses are reasonable and bona fide, and directly related to either showing off the company’s wares or executing or performing under a foreign government contract.