In the case of a suspect payment, it is a defense to a prosecution under the Foreign Corrupt Practices Act that:

A.Adequate records were kept to accurately reflect the transaction.

B.The payment was considered legal under the local law of the country in which the payment was made.

C.The payment was made to expedite the performance of a routine governmental action, such as processing paperwork needed for a travel visa.

D.The U.S. defendant can show that the payment was made in the routine course of business.

E.The amount paid was under $5,000.