Anti-Corruption International Conference 2007

Minimising the Risk of Improper Payments in an Era of Increased International Enforcement
Location: Hilton Tower Bridge, London, UK

John Davis will lead an Interactive Post Conference Masterclass on Friday, June 15th on "The Fundamentals of FCPA Compliance: The Foreign Corrupt Practices Act Demystified." This interactive and practical working session brings together highly experienced attorneys from the anti-corruption, internal investigations and compliance / controls bar. They will discuss core issues related to the statute and focus on the "nuts & bolts" and supply you with a foundation for dealing with day-to-day issues, including:

  • Who is covered by the FCPA?
    • Foreign Private Issuers (FPI) - who qualifies?
    • foreign subsidiaries, joint venture partners?
    • what is the extraterritorial reach of the FCPA?
  • What are the risks?
    • potential criminal and civil liability
    • reputational damage
    • risk of investigation
    • disqualification for publicly financed projects
  • The 4 basic elements of the FCPA's antibribery provision:
    • "giving, promising anything of value," "foreign official,"
    • "influencing the official," "obtaining or retaining business"
  • Permissible and impermissible payments
    • facilitation payments
    • charitable contributions
    • political contributions
  • Involvement of third parties and due diligence requirements:
    agents, consultants and joint venture partners
  • "Red flags"
  • Reasonable and bona fide expenses: gifts; travel; entertainment
  • Books and records requirements of the FCPA
    • "Achilles Heel" for compliance
    • record keeping and internal controls requirements
      and standards
    • intersection of Sarbanes-Oxley and FCPA
  • What to do in case of a potential FCPA violation
    • how do FCPA issues come up?
    • document retention
    • internal/external investigation
    • communication with governmental authorities
  • Fundamentals of an effective FCPA compliance program
Related Files
Anti-Corruption Forum-UK Brochure
Related Links