Does the Foreign Corrupt Practices Act (FCPA) provide for the issuance of opinion letters?
The FCPA allows issuers and domestic concerns to obtain the Attorney General’s opinion as to whether the party’s prospective conduct conforms to FCPA’s anti-bribery provisions. To obtain an opinion letter, the request must relate to an actual transaction and the request must be prospective (i.e. before the requesting party initiates the transaction).