Key takeaways
- US FCPA enforcement narrowed in 2025, but third-party due diligence remains central to compliance.
- In India, check ownership, government links and how intermediaries are paid.
- The India–US trade deal's first tranche was reported finalised in Oct 2026 but isn't signed.
Why companies from here use us
- US groups are shifting sourcing, engineering and back-office work to India — new partners need checking fast.
- Third parties — distributors, agents, customs brokers, consultants — are where anti-bribery risk sits.
- US deal teams want findings in their language: quality of earnings, liabilities, conditions to close.
Your home-country rules — and what they mean for an Indian partner
- FCPA: after the February 2025 executive order paused enforcement, the DOJ’s June 2025 guidelines narrowed priorities to cases harming US interests — and in March 2026 the DOJ issued a department-wide corporate enforcement and self-disclosure policy. Fewer cases, sharper targets: intermediaries remain central, and risk-based third-party due diligence is still what a credible compliance programme shows.
- What that means in India: know who owns and controls your partner, whether any owners or agents are government officials, and how commissions and “facilitation” payments are made — then keep the evidence.
The India side
- The first tranche of an India–US trade agreement was reported as finalised in October 2026 but is not yet signed — tariffs remain a moving target, so supplier contracts need flexibility.
- Indian subsidiaries and capability centres: subsidiary compliance and building teams in India.
- US parent with Indian operations: India–US tax treaty and repatriation.
What we check for you in India
- Identity, registrations and filed financial statements of the Indian partner — how it works.
- Financial, tax and FEMA review; related parties; litigation through public records and counsel.
- Promoters, directors, government links and how intermediaries are paid — for your anti-bribery and supply-chain files.
- Premises visits from Ahmedabad, Mumbai, Bengaluru, Rajkot or Dubai, with a written report in English.
- Full scope: partner due diligence · investment due diligence · supplier verification.
We are Chartered Accountants, not lawyers: home-country legal advice on compliance programmes stays with your counsel. Our reports are built to slot into their files.
Sources
- Skadden — cross-border enforcement priorities 2026
- DLA Piper — DOJ department-wide corporate enforcement policy (Mar 2026)
- The Tribune — India–US trade agreement first phase (Oct 2026)
Frequently asked questions
Do US companies still need FCPA due diligence on Indian partners?
Yes. US enforcement priorities narrowed in 2025, but the FCPA remains in force, intermediaries remain the main risk, and risk-based third-party due diligence is still a core part of an effective compliance programme.
Can someone in India do due diligence on our Indian supplier?
Yes. We check Indian suppliers and partners for US companies — records, finances, tax, ownership, government links and premises — and report in English.
Is there a US–India trade deal?
As of October 2026 the first tranche was reported as finalised but not yet signed.