New FCPA Opinion Procedure Release
/On January 21, the Department of Justice issued a new Opinion Procedure Release addressing a terrible situation – a company employee faces physical harm or duress in a foreign jurisdiction, and the only way to help them is to pay a bribe.
In OPR 22-01, the naval forces of Country A seized a vessel owned by the Requestor (a domestic concern). The vessel had been bound for Country B, but it was directed to wait in international waters for two weeks because the port was fully occupied.
A shipping agent in Country B provided the vessel with incorrect coordinates, leading the vessel to accidentally anchor in Country A’s territorial waters. Country A’s navy intercepted the vessel, and directed it to one of Country A’s ports. While the vessel’s crew remained on board, the captain was arrested and detained in a Country A jail without due process. Unfortunately, the captain suffered from a serious medical condition, and according to the DOJ, “the circumstances and conditions of his detention … created a significant risk to his life and well-being.”
The OPR indicates that the Requestor expended good faith efforts to secure the release of the captain, crew, and ship. It informed the government of Country A of the captain’s ill health. It engaged with “agencies within the U.S. government to end the captain’s detention and permit the Requestor vessel and its crew to leave Country A.” Unfortunately, these efforts were not successful.
Lees verder:
