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.
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
Eric McClafferty is a partner in the firm’s Washington, D.C. office and chair of the International Trade and Customs practice group. He focuses his practice on international trade and has substantial experience in export controls and compliance, Foreign Corrupt Practices Act (FCPA), and antidumping and countervailing duty cases.
In December 2006, Mr. McClafferty was appointed by former Secretary of Commerce Carlos Gutierrez to serve on the Materials Technical Advisory Committee. In this role, Mr. McClafferty advises the Commerce Department regarding export controls on chemicals, biotechnology items, metals, exotic materials, materials processing equipment and other materials issues.
Export Control and Compliance
Mr. McClafferty advises clients on export licensing and classification, performs due diligence export compliance reviews, and establishes company and product specific compliance and training programs. Additionally, Mr. McClafferty guides clients through export enforcement investigations and penalty negotiations. His experience extends to the rules relating to trade with sanctioned and embargoed countries and entities, and other national security and foreign policy controls, including FCPA.
Mr. McClafferty represents and advises exporters of industrial, high-technology, and agricultural products and associated technology such as chemical processing equipment; chemicals; pharmaceuticals; computers; satellite software and components; semiconductors; specialty metals, powders and alloys; nuclear power plant components; and a wide variety of petrochemical products.
His experience includes working with all the principal export control agencies of the U.S. government, including the Department of Commerce’s Bureau of Industry and Security (BIS); Department of State’s Directorate of Defense Trade Controls (DDTC); and counterparts at the Department of Defense (DOD), Department of Treasury’s Office of Foreign Assets Control (OFAC) and Nuclear Regulatory Commission (NRC), and the Department of Energy (DOE).
Foreign Corrupt Practices Act (FCPA)
Mr. McClafferty represents businesses and individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. Mr. McClafferty is regularly called on to conduct internal investigations, to provide counsel during investigations, and to design remedial compliance and corporate governance measures. He regularly conducts investigations of possible FCPA violations and other potentially improper foreign country-based financial transactions, and works proactively with companies to structure and implement FCPA compliance programs.
Mr. McClafferty has years of experience representing domestic producers and importers in antidumping and countervailing duty proceedings before the International Trade Administration (ITA) and International Trade Commission (ITC), including work on hand tool cases, multiple steel industry cases, DRAMS, agricultural cases and a variety of other proceedings.
Market Access and WTO
Export Control and Compliance
Trade Remedy and WTO
Memberships & Associations
Honors & Awards
Interesting and informative, particularly for anyone employed by or providing legal services to large international businesses.
Great presentation -- broad enough to cover a lot of material but not short on essential detail.
Excellent content. Helpful presentation.
Very good presentation with helpful examples.
very well done
I actually intend to listen again... such good info I am afraid I couldn't take notes quickly enough.
Very good program.
I recommend this lecture by Eric McClafferty to any attorney who is on a Board of Directors of an international company. It is excellent and important information.