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Justice Department: OK to Buy Foreign Company That Paid Bribes

Jaclyn Jaeger | November 17, 2014

A U.S.-based company that intends to buy a foreign company that paid bribes to government officials prior to the acquisition taking place won't face prosecution under the Foreign Corrupt Practices Act, the Department of Justice said in its second FCPA advisory opinion of 2014.

A somewhat rare citing that should be of interest to companies following anti-bribery enforcement actions, FCPA opinion procedures allow U.S. companies to get the Attorney General's opinion on whether certain conduct is in line with the Justice Department's enforcement policy regarding the FCPA's anti-bribery provisions. Opinion Releases can only be relied upon by the requestor and have no binding application to any other companies.

In the latest opinion procedure, dated Nov. 7, the requestor intends to acquire a foreign consumer products company and its wholly-owned subsidiary. In preparing for the acquisition, the...

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