Lesson 4: Raising compliance expectations respectfully

U.S. companies must follow U.S. anti-bribery law when they do business abroad. The U.S. Foreign Corrupt Practices Act (FCPA) prohibits paying or offering anything of value to foreign government officials to win or keep business. Your company may also have its own policies on gifts, hospitality and agents. This lesson covers how to talk about these rules, not what they require. Consult qualified counsel for questions about how the law applies to you.

How to raise it well:

• Raise it early. Mention your compliance policy during the first serious discussions, before any specific situation arises.

• Frame it as your rule. "As a U.S. company, we are bound by U.S. law and our own policy" places the obligation on you.

• Respect hospitality. Small gifts and hospitality are common and often generous in Nigerian business culture. You can accept hospitality warmly while following your policy. Know your policy's limits before you travel.

• Ask about government touchpoints. If the deal involves permits, customs or government buyers, ask counsel how to handle those steps.

• Put it in writing. Include compliance expectations in agreements, as your counsel advises, and mention them in your cover note.

Example: raising compliance early.

Dear Mrs. Okonkwo,

Thank you again for the warm welcome during our visit.

We are excited about working together.

As we prepare the agreement, I want to mention one point early.

As a U.S. company, we follow U.S. anti-bribery law and our own compliance policy in every market where we work. The agreement will include a short section on this, which is standard for us.

I would be glad to explain it on a call, and to hear about any policies your company follows as well.

Warm regards,

James Carter

**Watch out:** Never suggest that a partner or their country is likely to be corrupt. Speak about your own obligations. Most partners have compliance rules of their own and will appreciate the clarity.

Agree how disputes will be raised. Use the same respectful framing to agree, before any problem arises, how either side will raise a concern: in writing, then by call, within a set time. This makes it easier to solve problems early and without loss of face.