Foreign Corrupt Practices

The United States Foreign Corrupt Practices Act prohibits corporations and individuals from engaging in certain activities to obtain or retain business or to influence a person working in an official capacity. It is illegal to pay, offer to pay, or authorize the payment of anything of value to any foreign (i.e. non-U.S.) government official, government staff member, political party or political candidate in an attempt to obtain or retain business or to otherwise influence a person working in an official capacity.

Prohibited payments include cash, gifts, and free samples, use of automobiles and aircraft, payment of nonessential travel and entertainment expenses, over billing of sales with the expectation that part of the sales price will be returned to the buyer, and making contributions to “charities” chosen by an official. The mere offer to pay or make such payments is prohibited regardless of whether they are accepted or any payment is actually made.

While the Act does permit certain nominal “facilitating” payments to lower level non-U.S. government staff members for the purpose of expediting a ministerial or clerical service or function that would otherwise be unreasonably delayed or withheld, the provisions of this exemption are so narrow that it is Amgen policy to prohibit all such payments unless they have been cleared in advance by the Law Department.

In addition to corporate penalties, the Foreign Corrupt Practices Act provides that violators may be fined in their individual capacity and may receive jail terms if they are found to have violated the provisions of the Act. Please note that this Act applies also to foreign (non-U.S.) nationals for activities that take place outside the U.S.