Text extracted via OCR from the original document. May contain errors from the scanning process.
purporting to limit the enforcement discretion of the Department of
Justice may be given. The requesting issuer or domestic concern may rely
only upon a written FCPA opinion letter signed by the Attorney General
or his designee.”).
“528 C.KR. § 80.8. FCPA opinions do not bind or obligate any agency
other than DOJ. They also do not affect the requesting party’s obligations
to any other agency or under any statutory or regulatory provision other
than those specifically cited in the particular FCPA opinion. 28 C.ER. §
80.11. Ifthe conduct for which an FCPA opinion is requested is subject
to approval by any other agency, such FCPA opinion may not be taken
to indicate DOJ’s views on any legal or factual issues before that other
agency. 28 C.ER. § 80.13.
41628 C.RR. § 80.10. DOJ can rebut this presumption by a
preponderance of the evidence. A court determining whether the
presumption has been rebutted weighs all relevant factors, including
whether the submitted information was accurate and complete and the
activity was within the scope of conduct specified in the request. Td. As of
September 2012, DOJ has never pursued an enforcement action against a
party for conduct that formed the basis of an FCPA opinion stating that
the prospective conduct would violate DOJ’s present enforcement policy.
47 Asa general matter, DOJ normally anonymizes much of the
information in its publicly released opinions and includes the general
nature and circumstances of the proposed conduct. DOJ does not release
the identity of any foreign sales agents or other types of identifying
information. 28 C.ER. § 80.14(b). However, DOJ may release the
identity of the requesting party, the foreign country in which the
proposed. conduct is to take place, and any actions DOJ took in response
to the FCPA opinion request. Jd. Ifa party believes that an opinion
contains proprietary information, it may request that DOJ remove or
anonymize those portions of the opinion before it is publicly released. 28
CER. § 80.14(c).
41898 CER. § 80.16.
120
HOUSE_OVERSIGHT_022622