The FCPA world is littered with cases involving freight forwarders, brokers and agents in the shipping and express delivery arena. Both the DOJ and SEC have aggressively pursued third-party business relationships where bribery and corruption have been found. This is particularly true where companies are required to deliver goods into a foreign country through the assistance of a freight forwarder or express delivery service.
If you utilize the services of a third-party for as a freight forwarders, brokers and agents in the shipping and express delivery arena, that company’s actions will go a long way in determining your company’s FCPA liability. You must have a thoughtful process and document that process.
Three key takeaways:
- Express delivery services and freight forwarders present unique compliance risks.
- There must be a business justification to bring on new express delivery services or freight forwarders in high risk jurisdictions.
- Consider constructing a risk matrix in this area.