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