FCPA 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