FCPA Exceptions and Affirmative Defenses

Complying With the Requirements for Gifts, Hospitality and Facilitation Payments

Recording of a 75-minute CLE webinar with Q&A

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Conducted on Tuesday, December 21, 2010

Recorded event now available

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Course Materials

This CLE course will provide guidance to counsel for U.S. companies conducting business internationally on navigating the facilitation-payment exception and affirmative defenses under the Foreign Corrupt Practices Act in order to avoid violations and penalties.


The Foreign Corrupt Practices Act includes an exception for facilitation payments and affirmative defenses for payments to officials related directly to the promotion, demonstration or explanation of products or services that are reasonable and bona fide.

Proper use of the exception and affirmative defenses is challenging and confusing. With increased government focus on FCPA enforcement, companies doing business outside the U.S. must take extra precautions when making such payments to ensure strict compliance.

Counsel must thoroughly understand the requirements of the exception and affirmatives defense to advise companies and clients on effective policies and procedures that will provide a safeguard against FCPA liability.

Listen as our authoritative panel examines the scope of the exception and affirmative defenses, reviews DOJ guidance, discusses lessons learned from recent enforcement actions, and offers strategies to mitigate risk and meet the requirements when applying the FCPA exception and affirmative defenses.



  1. Exceptions and affirmative defenses
    1. Facilitating payments
    2. Gifts and hospitality
  2. Lessons learned from recent enforcement
  3. Strategies for complying with requirements of exception/affirmative defenses
    1. Policies and procedures
    2. Training
    3. Internal controls


The panel will review these and other key questions:

  • What is the scope of permissible facilitation payments? permissible gifts and hospitality?
  • What guidance is provided by DOJ advisory opinions and recent enforcement actions?
  • What steps can companies take to minimize the risk of violating the exceptions and affirmative defenses for facilitation payments, gifts and hospitality?


Jay Holtmeier
Jay Holtmeier

Wilmer Cutler Pickering Hale and Dorr

Mr. Holtmeier conducts investigations involving conduct in Europe, Asia, the Middle East, Africa and Latin America and...  |  Read More

James T. Parkinson
James T. Parkinson


He focuses primarily on white collar criminal defense litigation, corporate internal investigations and compliance...  |  Read More

Kelli C. McTaggart
Kelli C. McTaggart
Vice President, Associate General Counsel & Chief Ethics and Compliance Officer
Time Warner

She manages the compliance program for all of Time Warner’s domestic and international operations. She oversees...  |  Read More

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