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Or or debarment from contracting with the federal government, cross-debarment by multilateral development banks, and the hapter suspension or revocation of certain export privileges. FCPA Penalties, Sanctions, and Remedies Debarment Under federal guidelines governing procurement, an individual or company that violates the FCPA or other committing a federal crime and the factual admissions criminal statutes may be barred from doing business with the underlying a resolution are factors that the independent federal government. The Federal Acquisition Regulations debarment authorities may consider. Moreover, indictment (FAR) provide for the potential suspension or debarment alone can lead to suspension of the right to do business of companies that contract with the government upon with the government. The US. Attorney’s Manual also conviction of or civil judgment for bribery, falsification or provides that when a company engages in fraud against the destruction of records, the making of false statements, or government, a prosecutor may not negotiate away an agen- “[cJommission of any other offense indicating a lack of busi- cy’s right to debar or delist the company as part of the plea ness integrity or business honesty that seriously and directly bargaining process. In making debarment determina- affects the present responsibility of a Government contrac- tions, contracting agencies, including at the state and local tor or subcontractor.” These measures are not intended level, may consult with DOJ in advance of awarding a con- to be punitive and may be imposed only if “in the public’s tract. Depending on the circumstances, DOJ may provide interest for the Government's protection.”*“* information to contracting authorities in the context of Under the FAR, a decision to debar or suspend is dis- the corporate settlement about the facts and circumstances cretionary. The decision is not made by DOJ prosecutors or underlying the criminal conduct and remediation measures SEC s

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