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The Foreign Corrupt Practices Act and Guyana

Jan 07, 2025 Letters

Dear Editor,

The high level of controversy around the Exxon contract begs the question, “Why hasn’t the Foreign Corrupt Practices Act of the United States of America been utilized?”

“The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (“FCPA”), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.

Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.” (Reference: Criminal Division of The U.S. Department of Justice).

There are two very clear reasons that should have encouraged the authorities to take action:

The circumstances surrounding the contract signing bonus

The circumstances surrounding the reduction in the results of the GRA audit

These two factors amongst others should have resulted in the Chambers of the Attorney General and other authorities engaging the U.S. Government to carry out a thorough investigation into whether the Foreign Corrupt Practices Act had been violated. This however has yet to occur and should occur in the near future. Once an investigation has been completed it will shed light on whether the contract was legally obtained. This will help determine how the House of Parliament should proceed in carrying out the will of the people. CRG strongly recommends that the Government proceed in this direction.

In addition, the question of a referendum where the people of Guyana are allowed to voice their choice as to whether a contract renegotiation should be pursued must be either a part of the upcoming elections or carried out as a precursor to it. Avoiding to have such a referendum does raise additional questions and concerns around the Government’s willingness to listen to and carry out the will of the people of our great Nation.

The electorate must keep this crucial point in mind as the 2025 elections approach. Every person wishing to lead our country and every citizen wishing to have their voice heard and respected should be calling on our elected officials to have such a referendum take place. A referendum where it is clearly asked whether they would like the next elected government to renegotiate the contract with Exxon.

Best regards,

Mr. Jamil Changlee

(The Foreign Corrupt Practices Act and Guyana)

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