Due Diligence Considérations for International Transactions

April 22, 2017 Developing World 0

There are many ways, in which it is important to think about the General Considerations required for the International Transactions, which includes the identification and management of the different risks offered by the international transactions. Here is a brief introduction of the international due diligence with its purposes and the need for regulating the risks to be considered during these transactions.

What is Due Diligence?

For carrying out the analysis of the due diligence, it is important to consider the international transaction is a risk involving strategy.  Due Diligence is defined as “the analysis and study of the firm or an organization for understanding the business transactions.” The Black Law Dictionary defines this term as “the perspective of a buyer or the analysis of a broker for a focused company, a section of the property or newly prepared security.”

Using both these definitions, you can get an idea about due diligence regarding international transactions, as a systematic analysis of a company to consider all the transactions, services and products which are the subject of this transaction, and any other terms and conditions related to this transaction.

Theoretical explanation of due diligence:

Theoretically, due diligence is done in link with the international transactions in two forms: regulatory due diligence and transactional due diligence. The first one is not only for the international transactions and does involve the study on counterparts and analysis of the contours of transactions only, for ensuring the risks linked with the transaction (which may be cooperative, legal, Financial, etc.)

The second one, however, is related to Due Diligence International transactions, as the regulations related to the international transactions are quite variant from those which are linked to the domestic transactions. The thing which joins both kinds of due diligence is the objective of recognizing the risks of the transaction, removing the post-closure of surprises and integrating the terms and conditions in the form of the document.

As the international due diligence is not unique, there is a short introduction of main types of due diligence mentioned below in general.

  1. FCPA Due Diligence

Generally, according to the US law, it is not allowed to exchange the preferential stuff like bribery at the expense of money. Now during this type of international transaction, both sides should be well aware of the fact that law prosecutes those people who deal with the foreign governments at the expense of something for which they are not allowed.

  1. OFAC Due Diligence

The OFAC (Office of Foreign Assets Control) is the US department of the treasury which deals with the blocking of assets and enforces the restrictions on trade for states, companies, and individuals, who are identified to be breaking the foreign policy and economic security of the US. It is done by placement of these countries, companies or other entities on the SDN list made by the state so that notifications could be sent to the businesses and financial firms about their status.

Thus, it involves many things about the Due Diligence International trade which are to pertain while making the deal especially the foreign deals.