Workshop A — FCPA Basic Training: A Step-by-Step Guide to Key Requirements, Enforcement Actions and Settlements

Nov 28, 2023 9:30am – 01:00 PM

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

Brian E. Spears
Spears Manning & Martini LLC

Shannon Stokes
Assistant General Counsel Legal & Compliance
World Fuel Services

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