A key tool
in the process of managing Foreign Business Partners under the Foreign Corrupt
Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be
utilized throughout the entire process of (1) evaluating the need for a Foreign
Business Partner; (2) evaluating the information...
Most Foreign Corrupt Practices Act (FCPA) Practitioners
are aware that the greater the contacts with a foreign governmental official
and the greater amount of money involved, the greater the FCPA risk for a
company if a third party is involved. This is more particularly so if the
We believe that there are four stages a company needs to
traverse in it relationship with a Foreign Business Partner. We define
them as (1) Business Justification for a Foreign Business Partner; (2)
Background and Due Diligence Investigation of the proposed Foreign Business
Partner; (3) Evaluation...
I wrote, somewhat tongue in cheek, a post entitled " Take
Me Out to the (FCPA) Ballgame " about an offer to purchase the Los Angeles
Dodgers for a cash price of $1.2bn by a group which included "certain
state-owned investment institutions of the People's Republic of China"...
There are times when facts which arise out of
non-compliance matters can make excellent learning points for the compliance
practitioner. The Olympus matter has become such a staple of teaching
opportunities. It initially appeared that the primary lessons learned were
(1) Do not pay one or two person...