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

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?