Prior to engaging in any activity that may be construed as a "corrupt payment" under law, please consult with an attorney in order to decide whether the action may be construed as a "corrupt payment." The terminology "corrupt payment" is the term utilized under the U.S. Foreign Corrupt Practice Act. Other like terminology is used by other nations.
Under the U.S. Foreign Corrupt Practice Act a Corrupt Payment is defined, inter alia, as giving anything of value with the intent to:
- Influence an act or decision of a foreign government official in the official capacity of the foreign official;
- Induce a foreign official to act or not to act in violation of his/her lawful duty;
- Induce a foreign official to improperly use his/her influence or power in the organization to impact any act or decision; and
- Obtain an "improper" advantage (catch-all).
Acts in Korea that may be deemed a "corrupt payment" under law include:
- Compensating a government official travel expense if certain specific protocol is not met and the family of the government official travel expenses are, also, paid or the primary purpose of the trip is not "business," but "entertainment."
- Gifts that are over US$ 25 in value or are given frequently to the same individual.
- Meals over US$ 50 per person or that are frequently meals provided to the same individual.
- Providing employment to a family member of a government official
SeanHayes@ipglegal.com IPG is engaged in projects for companies and entrepreneurs doing business in Bangladesh, Cambodia, China, Korea, Laos, Myanmar, the Philippines, Vietnam and the U.S. www.ipglegal.com