Page 100 - U.S. FOREIGN CORRUPT PRACTICES ACT

A Resource Guide to the U.S. Foreign Corrupt Practices Act. Second Edition.

(3) In case of contumacy by, or refusal to obey The Attorney General shall issue the guidelines
a subpoena issued to, any person, the Attorney and procedures referred to in the preceding
General may invoke the aid of any court of the sentence in accordance with the provisions of
United States within the jurisdiction of which subchapter II of chapter 5 of title 5 and those
such investigation or proceeding is carried on, or guidelines and procedures shall be subject to the
where such person resides or carries on business, provisions of chapter 7 of that title.
in requiring the attendance and testimony of
witnesses and the production of books, papers, (f) Opinions of Attorney General
or other documents. Any such court may issue an
order requiring such person to appear before the (1) The Attorney General, after consultation
Attorney General or his designee, there to produce with appropriate departments and agencies of
records, if so ordered, or to give testimony the United States and after obtaining the views of
touching the matter under investigation. Any all interested persons through public notice and
failure to obey such order of the court may be comment procedures, shall establish a procedure
punished by such court as a contempt thereof. to provide responses to specific inquiries by
All process in any such case may be served in the domestic concerns concerning conformance of
judicial district in which such person resides or their conduct with the Department of Justice’s
may be found. The Attorney General may make present enforcement policy regarding the
such rules relating to civil investigations as may preceding provisions of this section. The Attorney
be necessary or appropriate to implement the General shall, within 30 days after receiving such
provisions of this subsection. a request, issue an opinion in response to that
request. The opinion shall state whether or not
(e) Guidelines by Attorney General certain specified prospective conduct would,
for purposes of the Department of Justice’s
Not later than 6 months after August 23, present enforcement policy, violate the preceding
1988, the Attorney General, after consultation provisions of this section. Additional requests for
with the Securities and Exchange Commission, opinions may be filed with the Attorney General
the Secretary of Commerce, the United States regarding other specified prospective conduct
Trade Representative, the Secretary of State, and that is beyond the scope of conduct specified in
the Secretary of the Treasury, and after obtaining previous requests. In any action brought under the
the views of all interested persons through public applicable provisions of this section, there shall
notice and comment procedures, shall determine be a rebuttable presumption that conduct, which
to what extent compliance with this section would is specified in a request by a domestic concern
be enhanced and the business community would and for which the Attorney General has issued an
be assisted by further clarification of the preceding opinion that such conduct is in conformity with
provisions of this section and may, based on such the Department of Justice’s present enforcement
determination and to the extent necessary and policy, is in compliance with the preceding
appropriate, issue— provisions of this section. Such a presumption may
be rebutted by a preponderance of the evidence.
(1) guidelines describing specific types of In considering the presumption for purposes of
conduct, associated with common types of export this paragraph, a court shall weigh all relevant
sales arrangements and business contracts, factors, including but not limited to whether the
which for purposes of the Department of Justice’s information submitted to the Attorney General was
present enforcement policy, the Attorney General accurate and complete and whether it was within
determines would be in conformance with the the scope of the conduct specified in any request
preceding provisions of this section; and received by the Attorney General. The Attorney
General shall establish the procedure required by
(2) general precautionary procedures which this paragraph in accordance with the provisions
domestic concerns may use on a voluntary basis of subchapter II of chapter 5 of title 5 and that
to conform their conduct to the Department of procedure shall be subject to the provisions of
Justice’s present enforcement policy regarding the chapter 7 of that title.
preceding provisions of this section.

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