De . held that payments to obtain favorable tax treatment can, . under appropriate circumstances, violate the FCPA: Examples of Actions Taken to Obtain or Retain Business Avoiding or lowering taxes reduces operating costs = Winning a contract and thus increases profit margins, thereby freeing up funds that the business is otherwise legally obligated # Influencing the procurement process to expend. And this, in turn, enables it to take any : : : , number of actions to the disadvantage of competi- = Circumventing the rules for importation of tors. Bribing foreign officials to lower taxes and cus- products toms duties certainly ca provide an unfair advantage = Gaining access to non-public bid tender over competitors and thereby be of assistance to the A p payor in obtaining or retaining business. information » Evading taxes or penalties OK # Influencing the adjudication of lawsuits or [W]e hold that Congress intended for the FCPA enforcement actions to apply broadly to payments intended to assist the _ : . payor, either directly or indirectly, in obtaining or . Obtaining exceptions to regulations retaining business for some person, and that bribes = Avoiding contract termination paid to foreign tax officials to secure illegally reduced customs and tax liability constitute a type of payment that can fall within this broad coverage.” a It to gain a business advantage.” For example, bribe payments made to secure favorable tax treatment, to reduce or elimi- Paying Bribes to Customs Officials nate customs duties, to obtain government action to pre- . . 5 P In 2010, a global freight forwarding company and vent competitors from entering a market, or to circumvent six of its corporate customers in the oil and gas industry a licensing or permit requirement, all satisfy the business resolved charges that they paid bribes to customs purpose test. officials. The companies bribed customs officials in more . . than ten countries in exchange for such benefits as: In 2004, the U.S.