Workshop A — FCPA Boot Camp: A Complete Review of Key Requirements and the Core Components of an Effective Compliance Program
Associate Vice President, Managing Counsel
Albert Stieglitz, Jr.
Alston & Bird LLP
Ephraim (Fry) Wernick
Vinson & Elkins LLP
Director, Strategic Response
Expert faculty members will take a deep dive into the nuts and bolts of FCPA compliance 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
- 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
- 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
- Joint venture partners
- Customs agents and brokers
- Books and records requirements: What it means to maintain records that “accurately and fairly” reflect transactions