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