The FCPA covers improper payments to foreign officials broadly defined as any and all government employees, officials or agents, and any person who works for a state owned business. The FCPA under its record keeping provisions also makes it illegal for companies to make payments of any kind not properly accounted for on the books.
The FCPA has two provisions- Anti-Bribery and Accounting. The Anti-Bribery Provisions make it a crime for any US individual, business entity or employee of a US business entity to offer or provide, directly or through a 3rd party, anything of value to a foreign government official with corrupt intent to influence an award or continuation of business or to gain an unfair advantage. The Accounting Provisions basically make it illegal for a company that reports to the SEC to have false or inaccurate books or records or to fail to maintain a system of internal accounting controls… We shall explore and study these provisions with a view to safe-guarding your companies from falling into contravention.
- Corruption in international business
- Investigation, prosecution and punishment under the FCPA
- International Anti-corruption Compliance policy
- Tone at the Top for Executives who are accountable
- Understand your company's risk of being involved in international bribery.
- Your board, management, employees and third parties who distribute your products, where are they involved?
- Who are the 3rd parties your company uses in business in and outside the USA.
- The set of internal controls to put over company expenditures and assets
- International Internal Investigations and how to conduct them
- The red flag signals
- Reporting Infraction and the Whistleblower mechanism