Workshop A — FCPA Basic Training: A Step-by-Step Guide to Key Requirements, Enforcement Actions and Settlements (In-Person only)

Susanne M. Hanchar
Associate Vice President – Global Ethics and Compliance, Anti-Corruption & Investigations
Eli Lilly and Company

Brian E. Spears
Partner
Spears Manning & Martini LLC

Shannon Stokes
Assistant General Counsel Legal & Compliance
World Fuel Services
In-Person Only
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