What You Can't Afford to Discount: Protecting Your Company from FCPA Risks

Companies that sell products and services internationally must understand the actions that can lead to criminal prosecution under the U.S. Foreign Corrupt Practices Act (FCPA). The U.S. government has become more active in FCPA enforcement, and a number of senior executives have faced fines, jail sentences and loss of their jobs and reputation. Companies are also facing expensive investigations and criminal cases or complex settlements with the Department of Justice and the Securities and Exchange Commission. Virtually all companies operating internationally will face FCPA issues, and relatively simple preventative measures and compliance steps can help avoid problems when these issues occur. This webinar, presented by Kelley Drye & Warren LLP partner Eric McClafferty explains the basics of the FCPA and strategies for avoiding violations.

Learning Objectives: 

I.           Summarize the Foreign Corrupt Practices Act (FCPA) 

II.          Identify Prohibited conduct 

III.         Recognize corporate liability for the actions of foreign subsidiaries, suppliers, or rogue employees 

IV.         Differentiate "Reasonable and Bona Fide Business Expenditure" and facilitation payment best practices 

V.          Describe how to approach giving and receiving gifts and conducting business entertainment 

VI.         Implement FCPA compliance policies and procedures 

VII.        Ascertain appropriate due diligence in selecting foreign intermediaries 

VIII.       Give advice for training staff 

IX.         Notice red flags that could indicate non-compliance 

X.          Be cognizant of what kind of auditing is sufficient

XI.         Summarize lessons from recent FCPA cases 

XII.        Explain internal investigations-when to conduct one, who should conduct it, and what to do if you find evidence of non-compliance 

XIII.       Tell when and how to think about voluntary self-disclosures to the U.S. government