FCPA Section 78dd in Hotel RFPs (Plain English Definition + Examples)

Definition

FCPA Section 78dd (15 U.S.C. §§78dd-1, 78dd-2, 78dd-3) is the operative anti-bribery section of the U.S. Foreign Corrupt Practices Act, prohibiting any U.S. issuer, domestic concern, or foreign person from corruptly offering anything of value to a foreign official to obtain or retain business.

In European MICE sourcing, fcpa section 78dd sits inside a broader workflow that includes the brief, the longlist, the shortlist, the contract negotiation, and the post-event reconciliation. Understanding it in isolation is not enough — what matters is how it interacts with the other levers a planner can pull. The definition above is the textbook version; the sections below explain how it actually behaves in real RFPs.

Why FCPA Section 78dd matters

Section 78dd reaches MICE wherever a U.S.-listed company hosts foreign government attendees — including doctors at public hospitals, regulators, and procurement officials at state-owned enterprises. The 'anything of value' standard is very broad: it covers hotel rooms, meals, transport, entertainment, gifts. Pharma compliance teams scrutinize every European MICE event for FCPA exposure.

Example

U.S.-listed pharma hosts European medical-affairs meeting in Vienna. 14 attendees include 3 doctors from German university hospitals (foreign officials under FCPA). Hospitality: €1,800 per attendee total (lodging + meals + transport). Documented business purpose, attendee role, fair-market-value benchmark — clean under §78dd. Same event without documentation: enforcement risk.

Where FCPA Section 78dd appears in contracts

FCPA compliance is internal to the planner organization; it touches the hotel contract through detailed attendee-list and invoicing requirements. Hotels servicing U.S.-listed pharma should expect granular per-attendee billing.

Related terms

Deeper reading