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One of the most significant developments of 2014 in FCPA compliance arrived in November with the issuance by the Department of Justice of Opinion Procedure Release 14-02 (the “Opinion”). The Opinion stands for the proposition that the DOJ will not penalize a company subject to the FCPA for acquiring a foreign target with corruption issues, provided (a) the acquiring company did reasonable due diligence under the circumstances, (b) the company has an integration plan designed to implement real anti-corruption controls at the target post-closing, and (c) the company is not knowingly acquiring tainted contracts or other assets from which it will derive financial benefit going forward. |
