Understanding the FCPA - ACC.com
Understanding the FCPA - ACC.com
Understanding the FCPA - ACC.com
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
<strong>FCPA</strong> Compliance<br />
What Should Due Diligence Include?<br />
Joint Venture Partners, agents, and o<strong>the</strong>r intermediaries—<br />
Private parties to a joint venture can create <strong>FCPA</strong> headaches if<br />
<strong>the</strong>re is indirect ownership or control by foreign officials or by a<br />
foreign government<br />
The DOJ tends to assume a flow-through of benefits in such<br />
circumstances<br />
Conduct due diligence in advance<br />
Obtain representation to abide by <strong>FCPA</strong><br />
Include walk-away provision for suspected <strong>FCPA</strong> violations<br />
Particularly important for minority owners in JV context<br />
29
Change language