Red Flags when doing business with the U.S. # 1

EU Recht
29.07.2010807 Mal gelesen

When doing business in or with the United States, whether with or through your own subsidiary or some other intermediary or just being the consultant located outside the U.S. but assisting a U.S.citizen, you must be aware of the far reach of U.S.jurisdiction. The following samples shall serve as red flags and a reminder for having foreign corporate management and compliance consultants do their homework. Extraterritoriality (applicability of U.S.laws to facts and circumstances, persons and companies outside the U.S.) is an issue your company must be willing to cope with when doing business on a U.S, and global scale.

Sample 1: Germany will assist the U.S. Department of Justice in a request for extradiction in cases of alleged infringement of the Foreign Corrupt Practices Act. See Official Statement of the DOJ, July 2010: An Italian citizen, a former executive of a Californian based valve company has been extradited to the United States from Germany in connection with his alleged participation in a conspiracy to secure contracts by paying bribes to officials of foreign state-owned companies as well as officers and employees of foreign and domestic private companies.


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