The U.S. Foreign Corrupt Practices Act (“FCPA”) prohibits corporations and individuals from engaging in certain activities to obtain or retain business or to influence a person working in an official capacity as a “foreign government official.” Amgen’s Foreign Corrupt Practices Policy prohibits paying, offering to pay, or authorizing the payment of anything of value to any foreign (i.e., non-U.S.) government official, government staff member, political party or political candidate in an attempt to obtain or retain business or to otherwise influence a person working in an official capacity.
Prohibited activities include but are not limited to offers of cash, gifts, and free samples, use of automobiles and aircraft, payment of nonessential travel and entertainment expenses, over billing of sales with the expectation that part of the sales price will be returned to the buyer, and making contributions to “charities” chosen by a government official. The mere offer to pay or make such payments is prohibited regardless of whether they are accepted or any payment is actually made.While the FCPA does permit certain nominal “facilitating” payments to lower level foreign government officials to expedite a ministerial or clerical service or function that would otherwise be unreasonably delayed or withheld, Amgen’s Policy prohibits such payments. Individuals subject to Amgen’s Policy must seek the guidance of local management and the Law Department before responding to a potential delay in, or withholding of, services by a foreign government official.
In addition to corporate penalties, the Foreign Corrupt Practices Act provides that violators may be fined in their individual capacity and may receive jail terms if they are found to have violated the provisions of the Act.
