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A large, US-listed, Spanish energy company was seeking to obtain a licence from the Government of Brazil to operate in the country's energy sector. As part of the tendering process, the company sought to appoint a local agent within Brazil.

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Wary of its obligations under the FCPA, the company engaged The Risk Advisory Group to carry out a due diligence investigation on the agent in question.

This identified a number of key concerns, including that the would-be agent was suspected of having authorised a number of bribes and kick-backs in order to successfully obtain other such licences in the past. Furthermore, we found that the potential agent was a relative of a key official within the authority responsible for the award of licences within the sector.