Friday, January 27 was the 45th anniversary of the Apollo 1 disaster. As reported by Brian Vastag, in an article in the Washington Post entitled “45 years after America’s first space tragedy, lessons linger”, it was a “launchpad fire which killed three NASA astronauts during testing of the then-new Apollo capsule. Reviews found that the early design of the craft was fatally flawed. Faulty wiring probably sparked the blaze that killed Roger Chaffee, Gus Grissom and Ed White. Among other problems, engineers saved weight by filling the capsule with pure, low-pressure oxygen instead of air, which is 80 percent inert nitrogen.”

One of the clear pieces of guidance from the Department of Justice (DOJ) is that a ‘tick-the-box’ compliance program is not only insufficient; it will not protect a company if a Foreign Corrupt Practices Act (FCPA) violation is discovered. However, many compliance practitioners do not know what should be analyzed regarding foreign business partners. I recently attended the ACI FCPA Boot Camp in Houston, home of the Johnson Space Center. One of the presentations dealt with how to design an overall program to evaluate, contract with, and manage foreign business partners. Furthermore, the presentation focused on how to assess the information obtained through the due diligence process. The presenters discussed a 12 point evaluation process for reviewing, assessing, then contracting with and managing foreign business partners.