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