FCPA and National Security Series

November 30, 2022 9:45am

Daniel L. Stein
Partner
Weil, Gotshal & Manges LLP

Matthew Axelrod
Assistant Secretary for Export Enforcement
U.S. Department of Commerce

Kara Brockmeyer
Partner
Debevoise & Plimpton LLP

Mark F. Mendelsohn

Mark F. Mendelsohn
Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP

Christine E. Savage
Partner
King & Spalding LLP

PART I: Sanctions as the New FCPA: The Increasing Overlap of Anti-Corruption and Economic Sanctions – and the Anticipated Impact on Your Compliance Strategy

Last year, the Biden Administration announced that fighting corruption was a core U.S. national security interest and announced its intent to fight illicit finance. In addition, as a result of Russia’s invasion of Ukraine earlier this year, the United States began to issue increasingly punishing economic sanctions and export controls, and Biden administration officials have begun publicly signaling their intention to aggressively enforce them.

The overlap of sanctions and FCPA was confirmed earlier this year when Deputy Attorney General Lisa Monaco emphasized the importance of sanctions and export controls as a DOJ priority, explaining that one way to think about this is as sanctions being the new FCPA. As such, legal and compliance professionals should heed this comparison and take steps to leverage internal resources to strengthen compliance across the board.

In this session, our panelists will explore the interplay and overlap of anti-corruption, national security and economic sanctions. Topics of discussion will include:

  • How increased sanctions enforcement will impact FCPA enforcement
  • The growing overlap between corporate crime and national security, including: the use of money laundering to evade sanctions; terrorist group financing; and cybercrime
  • The proposal that will improve the United States ability to work with international partners to recover assets linked to foreign corruption
  • Increasing collaboration across various enforcement authorities who investigate and prosecute such crimes and the impact on the enforcement landscape