A payment by a U.S.-based company to a third-party intermediary under circumstances that placed an employee’s life and well-being at “significant risk” would not trigger enforcement under the anti-bribery provisions of the Foreign Corrupt Practices Act, the Department of Justice stated in its first FCPA opinion procedure in two years.
FCPA opinion procedures allow U.S. companies to get the attorney general’s judgment on whether certain conduct is in line with the Justice Department’s enforcement policy regarding the FCPA’s anti-bribery provisions. The opinions have no binding application to any party other than the requestor and only to the extent the disclosure of facts and circumstances in its request and supplements is accurate and complete.
