This defense applies to payments to foreign officials that are “lawful under the written laws and regulations” of the foreign country.1  The defendant has the burden of proof.  It is generally understood that an absence of a prohibition in local law and relief from criminal responsibility under local law would not suffice to establish a local law defense.2


1 15 USC §§ 78dd-1(c)(1), 78dd-2(c)(1), 78dd-3(c)(1).

2 See Omnibus Trade and Competitiveness Act of 1988, H.R. Conf. Rep. No. 100-576, at 921-22 (1988); United States v. Kozeny, 582 F. Supp. 2d 535, 539 (S.D.N.Y. 2008).


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