Foreign Corrupt Practices Act Compliance: Strategies for an Effective Global Program

Responding to Increased SEC and DOJ Enforcement

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, November 12, 2009

Recorded event now available

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Program Materials

This seminar will review critical elements of FCPA compliance programs, discuss third party policies and procedures, red flags and strategies for developing and implementing an effective program.

Description

The Department of Justice and the Securities and Exchange Commission have ramped up their scrutiny of U.S. companies' interactions with overseas officials and strengthened Foreign Corrupt Practices Act anti-corruption enforcement efforts. Companies must likewise ramp up their compliance efforts.

However, a recent poll of over 1,000 company executives showed that almost one-third of companies do not have a compliance program, despite the dramatic rise in FCPA enforcement.

Companies that do business around the world must establish and implement comprehensive FCPA compliance programs. Compliance programs not only deter FCPA violations but are also a factor in the government’s enforcement analysis—and can mitigate penalties in the case a violation is identified.

Listen as our authoritative panel of experienced attorneys examines the key components of and best practices for developing and implementing an effective FCPA compliance program.

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Outline

  1. Overview—the FCPA, the current enforcement environment and importance of having a compliance program in place
    1. Consideration under the Sentencing Guidelines
    2. Consideration for SEC under Seaboard Report principles
  2. Compliance programs—key components
    1. Assessing risks faced company
    2. Clearly articulated corporate policy
    3. Effective communication of corporate policy
    4. Appropriate structure and resources for compliance program
    5. Training
    6. Reporting system
    7. Dealing with third parties
    8. Appropriate disciplinary procedure
    9. Financial and accounting procedures
    10. Periodic audits
  3. Internal controls
    1. Accounting controls
    2. Record-keeping/documentation
    3. Internal audits/monitoring
  4. Third party policies/procedures
    1. Review of existing compliance policies and controls
    2. Examination of subsidiaries, joint ventures, other controlled entities
    3. Third-party integrity investigations/due diligence
    4. Customer risk analysis
  5. Education
    1. Guidelines for gifts, travel and entertainment of “government officials”
    2. Guidelines for facilitating payments
    3. Training employees
    4. Training agents, joint venture partners
  6. Red flags
  7. Steps if misconduct is suspected
    1. Investigate
    2. Bring in third party consulting firm
    3. Remedial actions
    4. Self-report?
    5. Cooperate with the government

Benefits

The panel will review these and other key questions:

  • What is the government looking for in an FCPA compliance program when it investigates a business?
  • What remediation policies should companies consider implementing?
  • What are the best practices for companies to utilize in developing anti-corruption compliance programs and due diligence efforts?

Faculty

Parker-Kimberly
Kimberly A. Parker

Partner
WilmerHale

Ms. Parker regularly counsels clients on how to develop effective FCPA compliance programs, how to avoid potential...  |  Read More

Lichtenbaum, Greta
Greta Lichtenbaum

Partner
O'Melveny & Myers

Her practice principally relates to regulations governing international business transactions and trade. She handles...  |  Read More

Stephen G. Huggard
Stephen G. Huggard

Partner
Edwards Angell Palmer & Dodge

He chairs the firm's White Collar and Government Enforcement Practice Group, assisting corporations and executives...  |  Read More

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