Foreign Corrupt Practices Act in Africa

Outline

1. Risk factors of doing business in Sub-Saharan Africa
   1. Defining government officials
   2. Defining a bribe
   3. Exposure to third party you may not control
   4. SSA business culture/practices
   5. Reach of the FCPA in SSA
2. Intersection of FCPA and local anti-bribery laws
   1. Congruency of the laws
   2. Enforcement of local anti-bribery laws
   3. FCPA affirmative defense to prohibition of payment that was lawful under rules/regulations of the country
   4. Gift giving
3. Lessons learned from recent enforcement action
4. Best practices for mitigating risk
   1. Monitoring
   2. Compliance program
   3. Internal controls
   4. Education/training
   5. Due diligence
   6. Steps if misconduct is suspected

Benefits

The panel will review these and other key questions:

• What are the key risk factors exposing companies conducting business in Sub-Saharan Africa to possible FCPA violations?
• What lessons can be learned from recent SEC and DOJ enforcement efforts aimed at companies doing business in Sub-Saharan Africa?
• What are the best practices for companies to utilize in developing anti-corruption compliance programs and due diligence efforts for their Sub-Saharan African operations?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.