Contracting With Third-Party Reps: FCPA Risks

Law360, New York (August 1, 2012, 1:46 PM EDT) -- Corrupt payments by third-party representatives, such as agents, distributors or consultants, are one of the largest and most uncertain risks to U.S. companies and issuers under the Foreign Corrupt Practices Act. The FCPA’s third-party payment provisions prohibit U.S. companies and issuers from providing anything of value to a third party while “knowing” that all or a portion of it will be given directly or indirectly to a foreign government official to obtain or retain business.

The government interprets the third‑party payment provisions broadly to apply not...
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