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."). 1528 C.F.R. $ 80.8. FCPA opinions do not bind or obligate any agency other than DOJ. They also do not affect the requesting party's obligation: to any other agency or under any statutory or regulatory provision other than those specifically cited in the particular FCPA opinion. 28 C.F.R. § 80.11. If the 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 DO]'s views on any legal or factual issues before that other agency. 28 C.F.R. § 80.13. 41628 C.F.R. $ 80.10. DO] can rebut this presumption by a preponderance of the evidence. A court determining whether the presumption has been rebutted weighs all relevant tactors, including whether the submitted information was accurate and complete and the activity was within the scope of conduct specified in the request. Id. 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. 417 As a general matter, DO] 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.F.R. § 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 DO] took in response to the FCPA opinion request. Id. If a party believes that an opinion contains proprietary information, it may request that DO] remove or anonymize those portions of the opinion before it is publicly released. 28 C.F.R. $ 80.14(c). 418 28 C.F.R. $ 80.16. APPENDIX Endnotes 120 HOUSE_OVERSIGHT_022622¶
Record
Draft: house oversight 022622
Draft: house oversight 022622
Other records
Prepared source
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."). 1528 C.F.R. $ 80.8. FCPA opinions do not bind or obligate any agency other than DOJ. They also do not affect the requesting party's obligation: to any other agency or under any statutory or regulatory provision other than those specifically cited in the particular FCPA opinion. 28 C.F.R. § 80.11. If the conduct for which an FCPA opinion is requested is subject to ap…
Retrieved from https://epstein-index.org/documents/source-drafts-a6c6071ea0b46c52b1c3f27d4aa9e5b5d5e586705e60d70b84c952b9c5c53e4e/.