FCPA Boot Camp:
Key Requirements and Elements of an Effective Compliance Program

Dec 1, 2020 2:30pm – 6:00pm

William Devaney
Partner
Baker & McKenzie LLP

Marianne Ibrahim
Director of Global Compliance
Baker Hughes

Jeffrey Proulx
Director Counsel
Target

Michelle J. Shapiro
Partner
Arent Fox 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
    • Who is a “foreign official”?
    • 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 subdistributors
    • 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