Foreign Corrupt Practices Act

U.S.-Based Example

It is possible to violate Foreign Corrupt Practices Act when your activity is in the U.S., even on Yale’s campus.  Consider the following scenarios.

  • You have reached agreement on a collaboration between your department or school and a peer entity from another country.  The signing ceremony will take place on Yale’s campus.  Do the visiting officials from the partner institution qualify as foreign officials?  They might if the institution is state-owned (not uncommon) or if they also hold a government position (e.g., as an advisor or in a professional capacity within a ministry).  What kinds of gifts, entertainment, and lodging are allowed? 
  • An executive education training program involving foreign participants or a conference featuring speakers from abroad may present similar FCPA risks, whether held abroad or in the U.S. (and even on campus).  It is important that you know whether participants qualify as foreign officials and determine in advance what kinds of restrictions may apply.

Review the compliance strategies section for more information. Contact the Office of the General Counsel to request guidance on how to structure your activities to avoid FCPA non-compliance.

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