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Managing the Modern Workplace
V&E International Labor & Employment Resources

The Next Big One: FCPA and Immigration

Immigration is certainly getting a lot of attention these days in the United States, but companies that assign workers around the world know that the United States is not the only country with complex immigration laws and procedures. The crazy quilt of visas and work permits required and the sometimes maddening bureaucracy that goes with the process is enough to frustrate even the most patient among us. While sometimes tempting, the issue is what happens if that frustration leads to payments being made to government officials to accelerate the process. Companies should not assume that small payments to immigration officials could be OK under the FCPA’s so-called facilitation payments exception. The government, however, has in recent years repeatedly rejected such arguments in the customs context.

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Uncomfortable Questions: HR, Anti-Bribery Compliance, and International Hires and Promotions

One of your top managers is pushing to hire or promote a particular candidate for a position in a country in Africa. He tells you, “This guy is really great. He knows how to do business in this country and has lots of connections. He will be a real asset for our business there. We need to get him on board before someone else hires him.” If you have been a human resources manager or employment lawyer for a company with international operations for any length of time, you may have heard such pleas before. You probably also know that these types of hiring decisions can get companies into a whole lot of trouble.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Robert Sheppard

Robert Sheppard Associate