The Department of Justice has issued yet another advisory opinion that reconfirms guidance allowing companies to sponsor foreign government officials for trips to the United States in some circumstances without risking violation of the Foreign Corrupt Practices Act.

The opinion procedure released Oct. 18 follows a request submitted by 19 non-profit adoption agencies in August, inquiring whether their plan to host 18 foreign government officials who oversee, or exercise discretion of, their country's adoption process would violate the FCPA. The FCPA prohibits giving or offering anything of value to any “foreign official” to obtain a business advantage.

The agencies informed the Justice Department that the purpose of the trip was to allow the government officials to learn more about the agencies' work, which includes processing adoptions from that foreign country, according to the opinion. During the trip, the government officials will meet with the agencies' staff members, as well as with families who adopted children from that country.

The agencies further informed the Justice Department that they will pay for business class airfares for high-ranking officials and coach for the other officials on the trip's international leg, and coach airfare for all officials on domestic flights. Other costs to be incurred included two to three nights at a “business-class hotel,” meals, and local transportation. The agencies said they wouldn't give any money directly to the government officials planning to fund, organize, or host any entertainment, side trips, or leisure activities for the officials.

The Justice Department explains in the release that the request and additional information received from the agencies are reasonable under the circumstances and are permissible since they directly relate to the promotion, demonstration, or explanation of the requestor's products or services. As a result, the opinion stated, the requestors' proposed funding of the trip may go forward without enforcement action.

However, the Justice Department cautions that the opinion “has no binding application to any party that did not join in the request, and can be relied upon by the requestors only to the extent that the disclosure of facts and circumstances in their request is accurate and complete.”

The latest opinion procedure marks the second issued this year. In an opinion procedure released Sept. 18, the Justice Department gave approval for a consulting company to assist in its potential representation of a foreign country Embassy in its lobbying activities in the United States. As noted by the requestor, one of the partners in the consulting company is a member of the royal family of the foreign country, but holds no position in the government.

In that opinion, the Justice Department responded that the royal family member does not qualify as a foreign official, “so long as the royal family member does not directly or indirectly represent that he is acting on behalf of the royal family or in his capacity as a member of the royal family.”