Or also were not in compliance with the company’s internal e confirmation that the charity's commitments were policies, which provided that charitable donations gener- met before funds were disbursed;'” and ally should be made to healthcare institutions and relate to * on-going monitoring of the efficacy of the the practice of medicine.’” program,'!° Proper due diligence and controls are critical for Legitimate charitable giving does not violate the charitable giving. In general, the adequacy of measures FCPA. Compliance with the FCPA merely requires that taken to prevent misuse of charitable donations will depend charitable giving not be used as a vehicle to conceal pay- on a risk-based analysis and the specific facts at hand. In ments made to corruptly influence foreign officials. Opinion Procedure Release No. 10-02, DOJ described the due diligence and controls that can minimize the likelihood a of an FCPA violation. In that matter, a Eurasian-based sub- sidiary of a U.S. non-governmental organization was asked Five Questions to Consider When Making Charitable Payments in a Foreign Country: by an agency of a foreign government to make a grant to a local microfinance institution (MFI) as a prerequisite to 1. What is the purpose of the payment? the subsidiary’s transformation to bank status. The subsid- 2. Is the payment consistent with the company’s iary proposed contributing $1.42 million to a local MFI to internal guidelines on charitable giving? satisfy the request. The subsidiary undertook an extensive, 3. Is the payment at the request of a foreign official? three-stage due diligence process to select the proposed 4. |s a foreign official associated with the charity grantee and imposed significant controls on the proposed and, if so, can the foreign official make decisions grant, including ongoing monitoring and auditing, ear- regarding your business in that country? marking funds for capacity building, prohibiting compen- 5. Is the payment conditioned upon r