Counseling on Trade and Anti-Corruption Compliance

Trade controls and anti-corruption measures are a critical part of any compliance and related risk management program involving foreign health care institutions and other parties. "Foreign official" under the U.S. Foreign Corrupt Practices Act (FCPA) includes persons who are employees at state-owned or controlled medical institutions. Also, certain products, technologies, and technical data, which may be transferred to foreign countries from the United States, are subject to export controls. This would include, for instance, blood test data from patients with Ebola. We routinely advise on these issues and compliance with anti-corruption and trade control analogues of the U.S. FCPA, such as China’s Anti-Unfair Competition Law, as part of our services for health care industry clients.