No. 96-01

Date: November 25, 1996

Foreign Corrupt Practices Act Review

Opinion Procedure Release

The Department has received an FCPA Opinion Procedure request from a nonprofit corporation established to protect a particular world region from the dangers posed by environmental accidents. The requestor proposes to sponsor and provide funding for up to ten government representatives from regional nations to attend training courses in the United States. The requestor does not seek to obtain or retain business with the regional governments.

The requestor represents that, due to limited financial resources, a number of regional governments have not been able to participate in its training courses. As a result, the requestor has decided to seek funding from a leading non-governmental organization (NGO) to sponsor its training activities. More specifically, it represents that it has applied to the NGO for funds to cover the travel, lodging, and meal expenses for up to ten regional government representatives per year to attend the requestor's training courses. The estimated cost for such sponsorship is $10,000 to $15,000 per year. Pending receipt of such funding, the requestor proposes to expend its own funds to cover the cost of the training expenses.

The requestor represents that it would invite nominations for sponsorship from governments within the region and would select the nominees based on (1) financial need; (2) demonstrated interest in enhancing government/industry coordination; (3) position of the nominee and the nominee's ability to convey information to appropriate agencies within his or her government; and (4) completion of a "Government Coordination & Logistics Questionnaire." The requestor's sponsorship would include round-trip air fare to a U.S. city, transportation by van to and from the airport, hotel accommodations, and lunch. All other expenses, including meals other than lunch, taxis, phone calls, etc., would not be covered.

Based on all of the facts and circumstances, as represented by the requestor, the Department does not presently intend to take any enforcement action with respect to the proposed sponsorship of training program expenses as described in this request.