U.S. Justice Department Issues FCPA Opinion

On August 14, 2020, the United States Department of Justice issued its first opinion on the applicability of the Foreign Corrupt Practices Act (FCPA). The request emanated from an investment advisor’s managing private funds serving institutional investors (the Requestor”).[1] On November 5, 2019, Requestor initially submitted its request (the “Request”). On January15, 2020, February 10, 2020, June 18, 2020, and July 17, 2020, the Requestor furnished supplemental information. Pursuant to 28 C.F.R. § 80.4, Requestor, a U.S. “domestic concern,” requested an opinion inquiring  whether certain specified, prospective conduct conforms to DOJ’s present enforcement policy concerning the anti-bribery provisions of the FCPA.