DOJ FCPA Opinion Procedure Release 12-02

In Fall 2012 the US DOJ issued FCPA Opinion Release 12-02, regarding whether US adoption agencies could pay for and host foreign government officials visiting the US.  The trip would involve the officials interviewing the adoption agencies’ staff and meeting with US families who had previously adopted children from the foreign country.  Payment would be made directly to service providers, with no money, including per diems, given to the officials.  The DOJ opined that under the circumstances, the trips were reasonable and bona fide expenditures directly related to the promotion, demonstration, or explanation of the adoption agencies’ products or services, and therefore permissible under the FCPA.