We conduct background due diligence on prospective business intermediaries and partners in jurisdictions where availability of public information is poor and the utmost discretion is required. The US Foreign Corrupt Practices Act (FCPA) and the OECD Convention on Bribery criminalise the payment of bribes to foreign officials: effective due diligence will mitigate the risk of liability in such situations. We identify red flags under the FCPA / OECD Convention, such as whether the party has personal or professional links with the government, the qualifications and resources to undertake the project, an appropriate background and reputation, or a prior history of corrupt or illegal activity.

Examples include:

• Companies who are forming a consortium with a local partner in order to bid for a government licence and who need to be certain that the partner will neither harm the prospects of winning the licence, nor present legal difficulties

• Corporate or banking clients appointing local agents to win business in a new market needing to understand the credentials, affiliations and reputation of their potential representatives

• Companies selling products or services to government agencies and relying on the services of well-connected local agents to win business, who need to understand the nature of the connections between the agents and the government