FCPA, UK Bribery Act and Indian Prevention of Corruption Act compliance programme design, third party due diligence, agent and intermediary management, internal controls and investigation response for foreign companies with India operations.
Short, direct, on the record.
Yes, if the company is an issuer (listed on US exchanges or filing reports with SEC), a domestic concern (US entity or person), or an agent acting on behalf of either. Additionally, any entity that causes an act in furtherance of bribery while in US territory can be subject to FCPA jurisdiction. Many multinational companies operating in India through subsidiaries or agents face FCPA exposure.
Section 7 of the UK Bribery Act provides a defence to the offence of failure to prevent bribery if the commercial organisation can prove it had adequate procedures in place to prevent persons associated with it from committing bribery. The UK Ministry of Justice guidance identifies six principles: proportionality, top level commitment, risk assessment, due diligence, communication and monitoring and review.
Key risk areas include government procurement and tenders, customs clearance and import licensing, land acquisition and environmental permits, tax assessments and inspections, sector specific regulatory approvals, utility connections, and interactions with law enforcement. Third party intermediaries (agents, consultants, customs brokers) represent the highest risk channel.
Yes. The 2018 amendment to the PCA introduced Section 9 which criminalises commercial organisations (including companies) that give or promise undue advantage to a public servant. The punishment is a fine. Directors, managers and officers responsible for the company conduct can also face personal criminal liability.
Share the parent jurisdiction, India operations scope and the compliance or investigation concern for a confidential assessment.