The “Foreign” Component of FCPA Investigations

Foreign Corrupt Practices Act (“FCPA”) investigations typically involve third parties or subsidiaries located outside the US since most FCPA violations arise out of the activities of foreign third parties or foreign subsidiaries. But most guides on how to conduct FCPA investigations and interviews (or run an FCPA compliance program–fodder for the next post) seem to ignore this rather obvious fact. It has not however escaped the attention of the U.S. Department of Justice or the U.S. Securities & Exchange Commission.

Oddly, most guides on compliance investigations and interviews give scant attention to the fact that most of the truly useful interviews will be conducted outside of the US. Many seem to blithely assume that the interviews will occur in a comfortable office in downtown New York, San Francisco, Los Angeles or Singapore. When the foreign component of an investigation or interview is mentioned, there is typically a pro forma reference to language and “cultural issues,” a warning about data protection laws and maybe a travel tip or two about electrical outlets and food hygiene, but little else. For more, click here.