What provisions should be included in contracts when dealing with a foreign joint venture partner or contractor?
Himmel: At a minimum, contracts should include requirements that the partner have compliance programs in place, including anti-corruption policies and training for appropriate personnel. It may be desirable or necessary to include certain audit rights and reporting obligations. Editor: How does one go about investigating a third-party agent operating abroad to ascertain that he or she has an unblemished reputation in terms of dealing at arm’s length with government officials? Himmel: There is no way to be 100 percent certain that business partners are operating in accordance with the FCPA, but this is true of all criminal laws that could be broken in the course of business dealings. At a minimum, public records need to be consulted, but when dealing with private companies in foreign nations (or even in the U.S.), the available information is somewhat limited. Sometimes, a reputable private investigator and/or business analyst can help provide valuable information about a particular com
