Under the U.S. Foreign Corrupt Practices Act, foreign health care professionals are considered “foreign officials” for purposes of the statute’s anti-bribery prohibitions and record-keeping requirements. Most life sciences companies will have some sort of policy in place concerning kickbacks, and the conduct prohibited by such policies and the False Claims Act if undertaken in the U.S. risks breaching the FCPA if undertaken outside the U.S. Several recent enforcement actions have included allegations that foreign HCPs received speaker fees or honoraria from pharmaceutical or medical device companies in violation of the FCPA.
Source:
Arnall Golden Gregory: Beware Sponsored Events and Honoraria: A FCPA Trap for the Unwary
