Scenarios

NO.

Using 3rd Parties does not mean you have violated FCPA. To engage with a 3rd Party, use the red flag list below to help you ask the right questions and assess the level of risk.

NOT NECESSARILY.

Risk mitigation is your responsibility. It is important to have steps in place to evaluate all of the parties with whom you interact. This includes making sure that this contact is not a foreign official or will not be doing things, on your behalf, that may compromise your project, you personally, or the University in any way.  Learning the steps of risk mitigation will enable you to have reasonable confidence that those with whom you collaborate are engaged in normal, legitimate transactions.

YES.

Many public or state universities abroad are government entities. Anyone who works at such schools are considered foreign officials. 

POSSIBLY.

If Penn does not benefit in any way from the minister's position and the son's admission and scholarship is inline with the normal criteria for the main population of Penn students, then this would not be considered an FCPA violation. Accurate and transparent documentation of the award criteria and selection process would be required to defend an FCPA inquiry regarding this payment.

NOT NECESSARILY.

Transparency is essential to avoid a violation. Document what the gifts are, when they were purchased, their cost, and to whom they are given. Be able to demonstrate that you gain no advantage or benefit as a result of these gifts. And consult the appropriate Penn Policies before making any purchases.