Our client, an institutional investor, approached GRA for a due diligence investigation into a prospective foreign partner. Surveys of offshore facilities and extensive interviews uncovered information that gave the client a stronger negotiating position and gave them leverage in the partner’s board decisions.

 

Situation

A US-based institutional investor was in the process of engaging a foreign partner for an equipment-manufacturing and sales bid. The investor needed to know how the prospect operated on the inside to be certain that this was the right decision.

Assignment

The client retained GRA to analyze the prospective partner’s business practices and to confirm the deal’s compliance with the Foreign Corrupt Practices Act.

Solution

GRA conducted site surveys of offshore facilities, interviewed government leaders, and consulted industry competitors. We also conducted a competitive analysis of regulatory issues that the client could encounter in this new jurisdiction. Finally, we advised our client on pre-engagement due diligence and FCPA review.

Outcome

GRA uncovered a politically exposed person who was also a previous board member for the partner. We advised that the transaction would come under additional scrutiny by the US Treasury and Commerce Departments. Additionally, we used the site surveys and industry-competitor interviews to obtain previously undisclosed details on the offshore partner’s early financial instruments. The client moved forward with the engagement, but only after using GRA’s reports to negotiate better financial terms, to gain leverage in hiring decisions, and to obtain voting rights in electing the offshore entity’s board members.

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