FCPA Awareness Program

Introduction to FCPA

• What is it?
• Record Keeping
• Accounting
• Requirements

Recent FCPA Violation Cases

• Enforcement is increasing
• Individuals are prosecuted
• Exposure

FCPA Prohibitions

• Whom does it reach?
• Whom does it prohibit?
• Exceptions
• Affirmative Defenses

Foreign Official

• Definition

“Value”

• What is considered of “value”
• Different definitions

Exemptions

• Facilitating payments
• Ordinary payments
• Discretionary Actions

Affirmative Defenses

• Payments, gifts, offers or promises

FCPA Risk Generators

• Employees
• Third Party Commission Sales Agents
• After market contractual Arrangements

FCPA Mitigation Strategies

• Internal risk generators
• External risk generators
• Reviews
• Travel/Entertainment

Mergers and Acquisitions

Resources