8.2.2 Foreign Corrupt Practices Act (FCPA) Policy

Policy No: RESEARCH 8.2.2  
Type of Policy: Administrative
Effective Date: April 2013    
Last Revised: April 2013

Policy Owner: GTRC-IE
Policy Contact: Kevin Wozniak, Executive Director, kevin.wozniak@gtrc.gatech.edu

1. Policy Statement

It is the policy of Georgia Tech that each of our employees, faculty, staff, agents, representatives, vendors and other third parties that work with GIT, GTRC and GTARC comply with the anti-bribery laws of the United States and of the foreign countries where Georgia Tech does business. Bribery of any kind in the United States and abroad, regardless of foreign custom or practice, is strictly prohibited. No Georgia Tech employee, faculty, staff, agent, representative, vendor or any other third party with which Georgia Tech works shall make any payment or provide anything of value, to any person, in order to improperly influence that person to secure any advantage for Georgia Tech, including obtaining or retaining business, or directing business to any person or entity. It is also the policy of Georgia Tech that each of its employees, faculty, staff, agents, representatives, vendors and all third parties that work with Georgia Tech make and keep books, records, and accounts, which, in reasonable detail, accurately reflect any transactions and dispositions of the university and any of its subsidiaries or partners. Any contracts involving, directly or indirectly, foreign officials must be in writing and reviewed by the Georgia Tech Office of Legal Affairs prior to execution. The Foreign Corrupt Practices Act (FCPA) is a federal law (15 U.S.C. § 78-dd-21 et seq.) that exists to prevent corrupt practices in international transactions. The Act prohibits bribery of foreign officials and employees who work for foreign governments. The FCPA prohibits the corrupt payment (or offer, promise or authorization of payment) of anything of value to any foreign official or employee, directly or indirectly, for the purpose of obtaining or retaining business, directing business to any person or entity, or securing any improper advantage. The FCPA’s prohibitions are applicable to United States organizations, public or private, and any person, including a foreign person or firm, if they commit a prohibited act in the United States. Further, a United States entity may be held liable under the FCPA for the improper activities of its foreign subsidiaries if the United States entity authorized or participated in the conduct. This policy ensures the Georgia Tech community is aware of, monitors, and complies with this statute.

2. Scope

This policy applies to all Georgia Tech operations worldwide. It applies to the Institute’s (including subsidiaries) own employees, faculty, and staff. The Institute expects that third parties with whom the university works, i.e., all vendors, representatives, joint venture partners, and other third parties on international operations will comply this policy.

3. Definitions

Foreign Officials Foreign Officials as defined by the FCPA includes officials and employees of foreign governments, state-owned enterprises, public international organizations, and political parties, as well as agents and close relatives of these individuals.
Payment The FCPA prohibits paying, offering, promising to pay (or authorizing to pay or offer) money or “anything of value.”
"Anything of Value" Anything of Value as interpreted by the FCPA includes not only cash or cash equivalents, but also trips, donations, and services. The determination is not retail value but whether the recipient subjectively attaches value to the disbursement.

4. Enforcement

In addition to the federal civil and criminal fines and penalties imposed by the FCPA itself, violators of this Georgia Tech policy may be subject to disciplinary measures imposed by the Institute. Penalties for violations will vary with the circumstances, but may include termination. If any Georgia Tech employee is unsure about whether they are being asked to make an improper payment, they should not make the payment. They should consult with their supervisor, the Georgia Tech Office of Legal Affairs, or call Georgia Tech’s Ethics Hotline at 1-866-294-5565, or report the instance using our online reporting tool if there is any doubt about the propriety of the payment. Institute policies prohibit retaliation for good faith reporting.

To report suspected instances of noncompliance with this policy, please visit Georgia Tech’s EthicsPoint, a secure and confidential reporting system, at: https://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=7508

5. Policy History

Revision Date Author Description
12-31-2013 GTRC-IE Rev 1.0