课程

The Foreign Corrupt Practices Act (FCPA): Navigating US Bribery Laws for International Businesses

Manoj Nair · 授课老师

Anti-corruption compliance is business critical. In today’s global economy, the risk of corruption and bribery is not confined to any one jurisdiction…

课程内容

课程概览

Anti-corruption compliance is business critical.

In today’s global economy, the risk of corruption and bribery is not confined to any one jurisdiction - and neither is the reach of enforcement.

With the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act setting the international benchmark for anti-bribery regulation, businesses operating across borders face complex legal, financial and reputational risks.

As global business operations become more interconnected, U.S.anti-corruption enforcement is reaching further than ever.What many companies underestimate is the extraterritorial reach of these laws.

A UK or EU company doesn’t need a physical presence in the US to fall under the scope of the FCPA - transactions in US dollars, partnerships with US-listed companies, or simply touching US markets through third parties can trigger exposure.

The stakes are high: multi-million dollar fines, criminal liability for individuals, debarment from public contracts and irreversible reputational harm.

This training course provides critical insight into how the FCPA applies in practice, how to navigate the complex requirements, and how businesses can effectively mitigate the risks through third-party management, sound policies, due diligence and practical compliance strategies.

Key topics covered include:

The scope and structure of the FCPA

Anti-corruption frameworks

How and when UK/EU companies fall under US jurisdiction

Warning signs of potential violations

Best practices in due diligence and monitoring

Working with third parties and challenges in joint ventures

This intensive and practical training course is a must-attend for any organisation engaged in cross-border operations, particularly those working in regulated industries, emerging markets, or with government-linked contracts.

It will equip you to recognise red flags, understand enforcement risk and implement preventive measures that protect your business and your people.

During this course our expert trainer uses a mix of theory, case studies and practical exercises to deliver essential training on the FCPA and global anti-corruption standards, giving professionals the knowledge they need to operate confidently and compliantly in high-risk and international environments.

Our expert trainer, Manoj Nair, also presents a course on The UK Bribery Act.

This training course is part of our series of

Corporate Strategy Training Courses

covering the essential skills and best practices for all Company Directors and Company Secretaries, as well as business leaders and entrepreneurs.

Benefits of attending

By attending this training course, you will:

Gain

a clear understanding of the FCPA’s scope and jurisdiction

Learn

who is covered by the anti-bribery provisions

Get to grips

with the jurisdictional conduct that tiggers the provisions

Understand

an organisations’ responsibilities

Strengthen

your knowledge to create an effective compliance programme

Explore

the warning signs of potential FCPA violations

Examine

the types of resolutions with the DOJ and the SEC

Enhance

third-party due diligence and be audit and investigation ready

Who should attend?

This is an essential training course for all professionals seeking a practical understanding of the Act and implementation strategies, including:

In-house legal counsel

Directors, board members and senior executives

Compliance and legal professionals

Risk and governance officers

Finance and audit professionals

Procurement and supply chain managers

Business development managers

M&A and corporate development teams

Operations and project managers

International business managers

Export control and trade compliance officers

All professionals involved in government dealings or third party business relationships

FCPA overview

课程大纲

  • The cost of corruption

    Historical background of the FCPA

    Role of the Department of Justice (DOJ)

    Role of the Securities and Exchange Commission (SEC)

    Law enforcement partners

    OECD Working Group on Bribery and Anti-Bribery Convention

    UN Convention Against Corruption

    Other relevant anti-corruption conventions

    FCPA: Anti-bribery provisions

    Who is covered by the anti-bribery provisions

    Jurisdictional conduct that triggers the provisions

    The ‘Business Purpose’ test

    Meaning of ‘Corruptly’ and ‘Wilfully’

    Definition of ‘Anything of Value’

    Who qualifies as a ‘Foreign Official’

    Treatment of payments to third parties

    Facilitating or expediting payments

    Application to extortion or duress scenarios

    Principles of corporate liability:

    Parent–subsidiary liability

    Successor liability

    FCPA: Accounting provisions

    Books and records provision

    Internal controls provision

    Potential reporting and anti-fraud violations

    Management’s responsibilities

    Who is covered by the accounting provisions?

    Civil liability for issuers, subsidiaries, and affiliates

    Civil liability for individuals and other entities

    Criminal liability for accounting violations

    Conspiracy and aiding & abetting

    Corporate governance and compliance

    Auditor obligations

    Seven minimum steps for an effective compliance programme

    Common FCPA compliance failures

    Responsibilities of the board of directors and senior management

    Sarbanes-Oxley certifications for public companies

    Red flags and risk indicators

    15 common warning signs of potential FCPA violations

    Exercise Sheet – Identifying red flags

    FCPA penalties, sanctions, and remedies

    Resolutions and settlements

    Types of resolutions with the DOJ

    Types of resolutions with the SEC

    Miscellaneous and practical issues

    Working with agents and consultants

    Challenges in joint ventures and third-party engagements

    Unique aspects of FCPA investigations in multinational settings

    Case Study: Recent FCPA enforcement cases (e.g. 2013)

    Exercise Sheet – Scenario-based discussion

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