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ARTICLE · 14 FEBRUARY 2011

A Measured Approach To Business Courtesies

Jones Day
Jones Day
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The appropriate relationship between private businesses and government customers, including state-controlled companies, remains unclear in the international context.

United KingdomCriminal Law
R. Cook
R. Cook
Marc Ricchiute
Marc Ricchiute
Author LinkedIn connections

The appropriate relationship between private businesses and government customers, including state-controlled companies, remains unclear in the international context. Neither the Department of Justice ("DOJ") nor the Securities and Exchange Commission ("SEC") has provided clear guidance to companies regarding appropriate entertainment and business courtesies for government-related customers. And while the United Kingdom's Bribery Act 2010 promises formal guidance on the applicability of bribery laws to corporate hospitality, that guidance has not yet been issued, and the level of detail and clarity it will contain is not yet known.

Accordingly, one question persists for businesses operating in markets with substantial government involvement: How should an ethical and law-abiding company treat employees of foreign state-controlled enterprises with whom it does business, particularly when those companies resemble a private company in all respects except their sovereign

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