The process of negotiating a claim of inability to pay an FCPA fine historically has been somewhat opaque, depending heavily on the facts of the case. As part of its efforts to be more transparent, the DOJ published an internal memo for Criminal Division attorneys that provides welcome guidance to corporate counsel and businesses. The Anti‑Corruption Report analyzes the memo, how it changes current FCPA inability-to-pay discussions and its significance for companies. See our three-part series on the DOJ’s FCPA Corporate Enforcement Policy: “What’s New and What’s Not” (Jan. 10, 2018); “How Important Is the Presumption of Declination?” (Jan. 24, 2018); and “Cooperation and Compliance Expectations” (Feb. 7, 2018).