WHERE A COMPANY EMPLOYEE FACES PHYSICAL HARM OR DURESS IN A FOREIGN JURISDICTION, AND THE ONLY WAY TO HELP THEM IS TO PAY A BRIBE

On 3 February, a post on the FCPA Blog was concerned with a new Opinion Procedure Release from the DoJ on 21 January 21.  In this case, the DoJ indicated that it would not pursue an enforcement action over the payment.  It concluded in the OPR that the payment to the third party would not satisfy the elements of an FCPA violation. The post says that the DoJ analysis raises some significant questions about extorted payments. 

https://fcpablog.com/2022/02/03/new-fcpa-opinion-procedure-release-brings-an-interesting-twist-on-the-extortion-defense/

https://thecompliancelady.com/2022/02/03/usa-fcpa-opinion-on-paying-a-bribe-when-an-employees-life-is-at-risk/

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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