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
Involvement of third parties and due diligence requirements:
agents, consultants and joint venture partners
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
intersection of Sarbanes-Oxley and FCPA
What to do in case of a potential FCPA violation
how do FCPA issues come up?
communication with governmental authorities
Fundamentals of an effective FCPA compliance program