There are some things written in the Foreign Corrupt Practices Act space that are real head-scratchers.
This prior post was the first in the FCPA space to highlight the DOJ’s recent opinion procedure release concerning a proposed payment motivated, in part, to secure the release of a seized shipping vessel.
This law firm publication is titled “DOJ FCPA Opinion Encourages Corporate Disclosure” and asserts that the opinion “signals the benefits for proactive disclosure.”
This is truly an odd way to frame the issue as there can only be an opinion procedure release if an issuer or domestic concern seeks an opinion from the DOJ “as to whether certain specified, prospective–not hypothetical–conduct conforms with the Department’s present enforcement policy regarding the antibribery provisions of the FCPA.” That is why the issuer or domestic concerns is referred to as the “Requestor” in the opinion procedure releases.