Our Workshop Faculty will take a deep dive into critical FCPA compliance components; and lay the foundation for the main conference discussions. Workshop participants will gain a solid foundation through smaller-group learning, interactive Q & A, and will benefit from speaker-prepared reference materials to take back to the office after the conference.

Topics for discussion include:

• Who is included in the FCPA
  • Foreign Subsidiaries and Private Issuers, joint venture partners — who qualifies?
  • A geographic breakdown and discussion on the full reach of the FCPA
  • What is the potential exposure for employees, executives and board members?
• A look at some of the important domestic and global enforcement agencies, including their roles and jurisdictional reach
• The core components of the DOJ Compensation Clawback Pilot program
• An in-depth look at some of the new and intensifying risks affecting organizations and their employees:
  • Individual criminal liability
  • Civil liability
  • Corporate culture implications
  • Reputational damage
  • Whistleblower complaints
• What it truly 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”
• The classification of exactly who a “foreign official” is under the FCPA; and expectations for working with representatives and employees of state-owned organizations
• Clarification of “anything of value”; including:
  • Gifts and entertainment
  • Travel
  • Charitable and political contributions
• Available exceptions under the FCPA
• Orchestrating payments:
• Reasonable and bona fide expenditures
• Monitoring and third-party due diligence
• Agents/Consultants/Joint venture partners
• Customs agents and brokers
• What it means to maintain records that “accurately and fairly” reflect transactions