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Expert Analysis

When Do Tribal Leaders Create FCPA Liability?

Law360, New York ( November 17, 2014, 10:48 AM EST) -- One of the many definitional challenges facing Foreign Corrupt Practices Act practitioners worldwide is whether and under what circumstances traditional authorities, such as aboriginal "band" (otherwise referred to as "tribal" or "traditional authority") leaders, who routinely exercise considerable influence over business matters, qualify as "foreign officials" under the FCPA.[1] This is a particularly apt question for companies seeking to pursue mining interests in Canada, where numerous self-governing aboriginal communities (including First Nations, Métis and Inuit peoples) hold rights to mineral-rich areas....

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