Identifying Foreign Officials Under the FCPA: Interpreting Varying DOJ/SEC and Court Guidance
Sharpening Compliance Through Understanding Who Is and Who Is Not a Foreign Official
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss how the U.S. Department of Justice, Securities and Exchange Commission, and the courts have defined the meaning of "foreign official" under the FCPA. The panel will offer best practices for identifying who is and is not a foreign official to better ensure effective FCPA compliance programs.
- Definition of foreign officials and DOJ/SEC interpretation
- Application of “instrumentality”
- “Foreign officials”—different in different countries
- Best practices
The panel will review these and other key questions:
- How have the DOJ and SEC interpreted "foreign official" under the FCPA?
- How does the lack of guidance regarding the term "instrumentality" impact the ability to identify foreign officials?
- What practices can counsel develop for companies to ensure employees are better able to recognize foreign officials?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
James G. Tillen
Miller & Chevalier
Mr. Tillen has significant experience with every facet of an FCPA enforcement matter, including developing work... | Read More
Mr. Tillen has significant experience with every facet of an FCPA enforcement matter, including developing work plans for internal investigations, conducting internal investigations, developing remediation strategies, drafting voluntary disclosures, negotiating resolutions, developing strategies for collateral issues, selecting independent monitors, and interfacing with monitors.Close
Miller & Chevalier
Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a... | Read More
Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a focus on the Americas, he advises companies and individuals on all areas of FCPA enforcement and compliance. He has performed complex, independent, and on-site internal investigations in over 20 countries throughout the Americas, Asia, Europe, and Africa.Close
Deputy Head for Compliance Investigations
He provides high level technical and managerial support to the global responsibilities assigned to Compliance... | Read More
He provides high level technical and managerial support to the global responsibilities assigned to Compliance Investigations under the overall management of the Chief Counsel Compliance. He also directly manages the EMEA regional investigation team from the Munich headquarters. Before joining Siemens, he was the Deputy Director of the Investigations Division of the Office of Internal Oversight Services at the United Nations, where he conducted and managed many serious and sensitive criminal and administrative investigations and managed multi-lateral anti-corruption task forces.Close