WORKSHOP A – FCPA Boot Camp: A Deep Dive into Key Requirements and the Core Components of an Effective Compliance Program
*Only available in-person

Nov 30, 2021 9:00am – 12:30pm

Lillian S. Hardy
Hogan Lovells

Kelly Thorman

Kelly Thorman

Joseph Walker
Orrick Herrington & Sutcliffe LLP

Shawn M. Wright
Blank Rome LLP

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
    • Debarment
  • 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
    • Travel
    • 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
    • Agents
    • Consultants
    • Joint venture partners
    • Customs agents and brokers
  • Books and records requirements: What it means to maintain records that “accurately and fairly” reflect transactions