Foreign Corrupt Practices Act - Critical Issues and Best Practices

Why Should You Attend :

• Can I pay for the managers of my Chinese factory to travel to the United States?
• Is it okay for me to give a wedding gift to the daughter of a Minister who invited me to the wedding ceremony?
• I’m tempted to pay off a government clerk so that I can receive the permit that I need but I don’t want to get into trouble. Will I?
• We have discovered that a foreign company that we are in the process of acquiring has been making illegal payments to win business. What do we do?
• Can my company be held responsible for bribes paid by a consultant hired to help us win a government contract?

Any company or person that does business internationally could face one or more of the above scenarios. According to the Corruption Perceptions Index (developed annually by the international NGO, Transparency International, to measure perceived levels of public sector corruption) two-thirds of the 176 countries reviewed scored in the bottom-half on the Index. Among these are many emerging markets where paying for “favors” may be a requirement of doing business or for winning contracts. More innocently, in some cultures, it is customary for business partners to exchange gifts as an expression of mutual respect.

This webinar will explore which of the above activities are not permitted by the FCPA, which of them are, and under what conditions. The United States has sharply increased enforcement actions against companies and individuals for FCPA violations. Penalties can include fines, jail time, and/or denial of export privileges. This webinar gives you the tools to help you minimize or to mitigate the risks of becoming the target of an FCPA investigation.

Areas Covered in the Webinar :

This webinar will cover the requirements of the U.S. Foreign Corrupt Practices Act (FCPA), including:

• Who is covered by the FCPA anti-bribery and accounting provisions?
• Who is covered by the FCPA accounting provisions?
• What activities and conduct are prohibited by the FCPA?
• How to recognize and address common pitfalls in your business operations?
• What are exceptions and defenses to the FCPA?
• How to address the anti-bribery laws of other jurisdictions?
• How to develop an effective compliance program?

Who Will Benefit :

• Chief Executive Officers
• Chief Financial Officers
• Corporate Counsel
• Chief Compliance Officers
• Trade Compliance personnel or Officers
• Global Trade Directors or Managers
• Corporate Counsel

Instructor Profile :

Andrea Ewart, is a trade attorney who works with companies to minimize the costs and delays associated with moving products and services across international borders. Prior to opening her own firm in 2003, Ms. Ewart worked with the Washington, D.C. office of the law firm of Holland & Knight LLP, where she counseled and represented clients on U.S. customs law and enforcement, U.S. export control laws, Foreign Corrupt Practices Act (FCPA), and African Growth Opportunity Act (AGOA) and Caribbean Basin Initiatives (CBI) preferential programs. She has successfully taken the U.S. customs broker exam.

She is an accomplished speaker and writer and applies her practical experience on trade to the issues that affect businesses and their bottom line. Her workshops on the “Legal Do’s and Don’ts of Doing Business Internationally” provide insightful and indispensable information, particularly for small businesses.

She is admitted to the Washington D.C., Maryland, and the Florida Bars, and the U.S. Supreme Court Bar. She is an active member of several professional organizations, including her current position as a Vice President with the Organization of Women in International Trade (OWIT).

Topic Background:

The FCPA prohibits U.S.-based businesses and foreign businesses while in the United States from making cash or in-kind payments to foreign government officials to gain a business advantage, including for the purposes of obtaining or retaining business. The FCPA also requires certain companies to develop and maintain internal accounting controls and penalizes the falsification of books and records in attempts to circumvent its anti-bribery provisions.

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