Page 93 - U.S. FOREIGN CORRUPT PRACTICES ACT

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

circumstances for which an opinion is requested. opinion. 436 If the request is complete and all the
Material information includes background relevant information has been submitted, DOJ
information, complete copies of all operative will respond to the request by issuing an opinion
documents, and detailed statements of all collateral within 30 days. 437 If the request is incomplete,
or oral understandings, if any. Those seeking DOJ will identify for the requestor what additional

opinions are under an affirmative obligation information or documents are required for DOJ
to make full and true disclosures. 431 Materials to review the request. Such information must be
disclosed to DOJ will not be made public without provided to DOJ promptly. Once the additional
the consent of the party submitting them. 432 information has been received, DOJ will issue an
Fourth, the request must be signed. For opinion within 30 days of receipt of that additional
corporate requestors, the signatory should be information. 438 DOJ’s FCPA opinions state whether,

an appropriate senior officer with operational for purposes of DOJ’s present enforcement policy,
responsibility for the conduct that is the subject the prospective conduct would violate either the
of the request and who has been designated issuer or domestic concern anti-bribery provisions
by the corporation’s chief executive officer. In of the FCPA. 439 DOJ also may take other positions
appropriate cases, DOJ also may require the chief in the opinion as it considers appropriate. 440 To

executive officer to sign the request. Those signing the extent that the opinion concludes that the
the request must certify that it contains a true, proposed conduct would not violate the FCPA,
correct, and complete disclosure with respect to a rebuttable presumption is created that the
the proposed conduct and the circumstances of requestor’s conduct that was the basis of the
the conduct. 433 opinion is in compliance with the FCPA. 441 In order
Fifth, an original and five copies of the request to provide non-binding guidance to the business

should be addressed to the Assistant Attorney community, DOJ makes versions of its opinions
General in charge of the Criminal Division, Attention: publicly available on its website. 442
FCPA Opinion Group. 434 The mailing address is If, after receiving an opinion, a party is
P.O. Box 28188 Central Station, Washington, D.C. concerned about prospective conduct that is

20038. DOJ also asks that you send an electronic beyond the scope of conduct specified in a previous
courtesy copy to FCPA.Fraud@usdoj.gov. request, the party may submit an additional
DOJ will evaluate the request for an FCPA request for an opinion using the procedures
opinion. 435 A party may withdraw a request for outlined above. 443
an opinion at any time prior to the release of an

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