Expert faculty members will take a deep dive into the nuts and bolts of the FCPA, and key enforcement matters toward laying the groundwork for the rest of the conference. Participants will benefit from a solid foundation, smaller-group learning, enhanced Q & A and helpful reference materials for their daily work after the event.

Topics will include:

  • Who is covered by the FCPA
    • Foreign Private Issuers (FPI) – who qualifies?
    • Foreign subsidiaries, joint venture partners?
    • What is the extraterritorial reach of the FCPA?
    • What are the implications for employees, executives and board members?
  • Key enforcement agencies, their roles and jurisdictions
  • A close look at new, heightened risks affecting organizations and their employees:
    • criminal liability
    • civil liability
    • regulatory actions and shareholder suits
    • reputational damage
    • whistleblower complaints
    • debarment
  • What it means to “pay, offer or promise to pay, or authorize the payment of anything of value to a foreign official in order to influence any act or decision of the official in order to obtain or retain business”
  • Who is a “foreign official” under the FCPA and how to deal with employees of state-owned enterprises
  • What does “anything of value” mean?
    • gifts and entertainment
    • travel
    • charitable and political contributions
  • What are the exceptions under the FCPA?
    • Facilitating payments: limits on “grease”
    • Reasonable and bona fide expenditures
  • Third party due diligence and monitoring requirements
    • distributors and sub-distributors
    • agents
    • consultants
    • joint venture partners
    • customs agents and brokers
  • Books and records requirements: Maintaining records that “accurately and fairly” reflect transactions
  • How the FCPA has been enforced around the world: Lessons learned from key settlements