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

Kimberly A. Parker
Partner
WilmerHale
Ms. Parker regularly counsels clients on how to develop effective FCPA compliance programs, how to avoid potential... | Read More
Ms. Parker regularly counsels clients on how to develop effective FCPA compliance programs, how to avoid potential FCPA problems, and how to address FCPA problems when they arise. She also represents clients in internal investigations throughout the world. She co-authored the leading treatise in the field, "Complying With the Foreign Corrupt Practices Act."
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Greta Lichtenbaum
Partner
O'Melveny & Myers
Ms. Lichtenbaum's practice principally relates to regulations governing international business transactions and... | Read More
Ms. Lichtenbaum's practice principally relates to regulations governing international business transactions and trade. She handles matters related to U.S. economic sanctions, export controls, antiboycott, and FCPA. Ms. Lichtenbaum also assists clients to develop corporate compliance programs, conducts internal investigations relating to potential violations and represents clients in connection with enforcement proceedings.
CloseStephen 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
He chairs the firm's White Collar and Government Enforcement Practice Group, assisting corporations and executives with any government inquiries or internal investigations. He advises companies on FCPA matters and has conducted training for those clients domestically and internationally.
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