Any company that engages in business in a foreign country or with a foreign entity should be familiar with the Foreign Corrupt Practices Act (FCPA). In basic terms, the FCPA prohibits any “corrupt” payment or gift to a foreign government official for purposes of obtaining or maintaining business. To the extent they are even aware of the FCPA, many clients simply view the law as prohibiting “bribes.” In practice, FCPA compliance is much more complicated. The FCPA goes far beyond “bribes,” as it prohibits offering “anything of value” to foreign officials – even if the thing of value is being offered indirectly through a third party. A wide range of seemingly routine business activities, such as hiring employees in a foreign country, offering discounts on products, or purchasing licenses from government officials may give rise to significant FCPA liability.
- The FCPA liability framework, including a breakdown of business activities that can give rise to multi-million dollar penalties.
- Examples of how reliance on foreign contractors, agents, and other third-parties can give rise to FCPA liability.
- FCPA compliance “best practices,” including how to minimize risk related to overseas business operations,
- Recent FCPA enforcement trends.
Speakers were attorneys Geoff Mangum, Jeff Corey and Shane Hanna.
