Compliance Building

FCPA Opinion Procedure Release 97-01 came from a U.S. company whose wholly owned subsidiary is submitting a bid to a foreign government-owned entity to sell and service certain high technology equipment. In connection with its bid, the requestor has entered into a Representative Agreement with a privately held company Representative in the same foreign country….

FCPA Opinion Procedure Release 1997-02 came from a U.S. utility constructing a plant in Asia. The requestor plans to donate $100,000 to a proposed school construction project. The donation would be made directly to the government entity responsible for the construction and supply of the proposed elementary school. As the requestor’s donation will be made…

FCPA Opinion Procedure Release 1998-2 came from a U.S. company submitting a bid to a foreign government-owned entity to sell and service a certain military training program. In connection with its bid, the Requestor intends to enter into several agreements with a privately-held company in the same foreign country. These agreements include a Settlement Agreement…

FCPA Opinion Procedure Release 2000 – 01 came from a U.S. law firm and a foreign partner of Requestor, (1) who has been appointed to a high-ranking position in the government of a foreign country. The Foreign Government Official has taken a leave of absence from the law firm who proposes to make some payments…

FCPA Opinion Procedure Release 2001-01 came from a U.S. company planning to enter into a 50/50 joint venture with a French company. Some fo the contracts to be contributed by the French company predate the French Law No. 2000-595 Against Corrupt Practices. The French company represented to the Requestor that none of the contracts and…

FCPA Opinion Procedure Release 01-02 came from a joint venture between a U.S. company and a foregin company looking to engage in a business relationship with foreign company’s government. The requestors, as well as the chairman of the foreign company himself, signed the FCPA opinion request and represented, among other things, that: The foreign company’s…

FCPA Opinion Procedure Release 01-03 came from company that, with the assistance of a foreign dealer, submitted a bid to a foreign government for the sale of equipment to the government. The dealer made comments that implied thast dealer would make payments to a government officials for the bid to be accepted. After investigation by…

FCPA Opinion Procedure Release 03-01 came from a U.S. company looking to purchase another company and its foreign subsidiaries. In the diligence process the requestor found FCPA violations and reported them to the DOJ and SEC. The requestor wanted to stop liability for the past FCPA violations of the target.

FCPA Opinion Procedure Release 04-01 came from a U.S. law firm proposing to sponsor, in conjunction with a ministry of the People’s Republic of China, a Comparative Law Seminar on Labor and Employment Law in the People’s Republic of China and the United States of America, to be held in Beijing, China. The stated purpose…

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…