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| O UNCLASSIFIED To: San Diego From: San Diego Re: SD 205-0, 02/17/2011 1977 (FCPA) would have no jurisdiction in this matter for these three reasons: 1.) the FCPA applies to foreign sovereignties, and although Native American reservations are dependent political communities, they are ultimately under the sovereignty of the U.S.; 2.) in legislative history, the FCPA was established to address concerns with business conducted with foreign countries; and 3.) a separate statute within Title 18, United States Code (USC) 666 covers bribes with Native American tribes. o. / From 2008 to 2010, Sempra partnered with International Piping Products, Inc. (IPP) to negotiate a leas reeméent for a Tere Rs ; y P NEN expressing Sempra’ s dé nue to negotiate the wind project proposal qué to "lack of satisfactory progress" (Tab A-1). In August of 2010, the NN Council informed Sempra and IPP that circumstances surrounding the wind project had changed and encouraged both parties to attend a NN ces Committee meeting on 09/23/2010. IPP Agent who lived on the Navajo Nation reservation, acceptedA @ invitation; however, no Sempra employees attended. During this meeting, Resolution No. CO-42-10 reestablished negotiations for the wind project _ between Senipra, IPP and the NN. On 10/21/2010, the Navajoy?fibal to vote on the above resolution. NN Council,Delegate [announced that he would not vote on the TesClution ecause he had been offered campaign funds at the 09/23/2 meeting to "vote green." Attending NN members pGmonigheal not to make this allegation simply because he was on the losing end of a favorable vote. The resolution Subsequently passed. On 11/08/ a result of |__| briber allegation memorandum Clee! bé stating that ease with Sempra and IPP _ “TC (Tab A-2). Ollowed with a letter tof Jon 11/12/2010, which expressed that Sempra stood firm on their decision to cease negotiations on the wind project, that Sempra took the bribery accusation seriously, and that consequently, Sempra initiated an independent review of the allegation (Tab A- 3). - The NN on 11/16/2010 re Council Delegat and Rules Office (NNERO) interviewed[ _| legation. On 11/18/2010, NN provided a memorandum t{ UNCLASSIFIED 2