28 CFR § 80.3 - Transaction.

---
identifier: "/us/cfr/t28/s80.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 80.3 - Transaction."
title_number: 28
title_name: "Judicial Administration"
section_number: "80.3"
section_name: "Transaction."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "80"
part_name: "FOREIGN CORRUPT PRACTICES ACT OPINION PROCEDURE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "28 U.S.C. 509, 510; 15 U.S.C. 78dd-1, 78dd-2."
regulatory_source: "Order No. 1620-92, 57 FR 39600, Sept. 1, 1992, unless otherwise noted."
cfr_part: "80"
---


# 80.3 Transaction.

The entire transaction which is the subject of the request must be an actual—not a hypothetical—transaction but need not involve only prospective conduct. However, a request will not be considered unless that portion of the transaction for which an opinion is sought involves only prospective conduct. An executed contract is not a prerequisite and, in most—if not all—instances, an opinion request should be made prior to the requestor's commitment to proceed with a transaction.