John Davis Discusses FCPA Opinion Release in Compliance Week

"Justice Department Publishes FCPA Opinion Release"
Compliance Week
04.28.10John Davis comments on DOJ’s latest FCPA opinion release, which details a situation “that’s clearly within bailiwick of the FCPA,” since it involves the hiring of a foreign official, which is major red flag, according to Davis. “Consistent with other FCPA opinion releases, this reinforces that the FCPA doesn’t completely ban every transaction with any and all foreign officials or entities that might be owned or controlled by foreign officials,” says Davis. Davis says the release is also a reminder of the factors companies need to consider in any transaction that might involve a foreign official, including who’s selecting the individual in question; whether they’re qualified for the job; how much they’ll be paid and how; whether their duties as a foreign official intersect in any way with the role for which they’re being hired, and whether they have any potential influence through those duties on the company, among others.
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