Foreign Corrupt Practices Act
To violate the FCPA, the person giving or authorizing the giving of something of value to a foreign official must be doing so for a corrupt purpose.
You are acting with a corrupt purpose if you offer, promise, or provide something of value to a foreign official (either directly or through a third party) to improperly influence the foreign official in order to obtain, retain, or direct business or to secure any improper business advantage. Yale’s activities (e.g., research, teaching, clinical care) are business under the FCPA.
To reduce the risk that an activity is deemed corrupt, incur only reasonable travel, lodging and dining expenses when hosting guests, honoring an official, or giving gifts and ensure payments that you make are for legitimate services provided in return. Activities such as giving a lavish meal or a gift that does not have a Yale connection or providing benefits to family members of an official (e.g., travel costs) are not typically reasonable and easier to portray as having a corrupt purpose.
- Remember you cannot make a payment to a third party if you know (or should know) that some or all of that payment will be used in a way that violates the FCPA.