Annex C
1992-2001 REVIEW PROCEDURE RELEASES
REVIEW PROCEDURE
RELEASES
Review Procedure Release
The Department has reviewed a request of Union
Texas Pakistan, Inc.
The requestor plans to enter into a joint-venture
agreement with the Ministry of Petroleum and Natural Resources
of the Government of Pakistan and has asked for a determination
of the Department's present enforcement intention under the Foreign
Corrupt Practices Act of 1977, as amended, 15 U.S.C. §
78dd, et seq., with respect to providing certain training,
travel and subsistence expenses of officials and employees of
the Government of Pakistan in connection with the execution and
performance of its proposed agreement.
The requestor has represented, among other things,
that under the relevant provisions of Pakistan law, the Government
of Pakistan may require petroleum exploration and production companies
to provide training to government personnel—in various technical
and management disciplines—to efficiently perform their
duties related to the supervision of the Pakistan petroleum industry.
The agreement proposed to the requestor by the Ministry of Petroleum
and Natural Resources contains a provision implementing the relevant
provision of Pakistan law and obligating the requestor to a minimum
annual expenditure of $200,000 for such training. The requestor
has represented that, while certain of the training will take
place in Pakistan, some portion of the training will more readily
be accomplished at seminars, symposia and workshops attended by
other industry personnel in the United States and Europe. To this
end, the requestor has proposed that it pay the necessary and
reasonable expenses for such training—all of which will
be related to the efficient performance of duties in connection
with the supervision of the Pakistan petroleum industry—including
seminar fees, airfare, lodging, meals and ground transportation.
The requestor has further represented that in the event it proposes
to exceed $250,000 in annual expenditures for training outside
Pakistan, it will request a further review by the Department with
respect to any such additional expenditure.
Based upon all of the facts and circumstances,
as represented by the requestor, the Department does not presently
intend to take any enforcement action with respect to the prospective
contractual relationship described in this request.
The FCPA Review Request herein, and this release,
have no binding application to any party which did not join in
the request and can be relied upon by the requesting parties only
to the extent that the disclosure of facts and circumstances in
the request is accurate and complete and continues to accurately
and completely reflect such facts and circumstances.
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