Foreign Corrupt Practices Act

Foreign Corrupt Practices Act (FCPA) enforcement is a significant United States Government civil and criminal priority. For many years, the United States led international enforcement efforts; now, other countries are undertaking unprecedented enforcement initiatives and enacting new laws, such as the United Kingdom Bribery Act, to rival the FCPA. This course will provide an overview of the anti-bribery provisions and the books and records components of the FCPA. Beyond how the statute works, the expert faculty will discuss trends in international anti-bribery enforcement, designing and implementing compliance programs to detect and deter corrupt payments, best practices in contracts drafting and compliance, challenges in international mergers and acquisitions, navigating the minefield of agents and third parties, conducting due diligence and responding to discovery or allegations of corrupt payments. The program also will introduce you to the more cumbersome provisions of the new United Kingdom Bribery Act and its 2011 implementation guidance, as well as certain laws and conventions that are influencing global anti-corruption initiatives. The faculty also will discuss the growing use internationally of corporate monitors as part of non-prosecution and deferred prosecution agreements in corrupt payment cases.