New FCPA Guide: Considerations for Government Contractors

The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) recently issued long-promised written guidance on the U.S. Foreign Corrupt Practices Act (FCPA), in a 120-page publication entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “FCPA Guide”). The FCPA, the first of a growing number of statutes throughout the world that prohibit companies from making improper payments to foreign government officials to obtain or retain business, presents a major risk for any government contractors in the international market place. According to DOJ and the SEC, the FCPA Guide aims to “provide helpful information to enterprises of all shapes and sizes – from small businesses doing their first transactions abroad to multi-national corporations with subsidiaries around the world.”

The FCPA Guide provides a useful description of the key enforcement agencies’ view of the statute’s reach and will be essential to government contractors facing the daily challenge of anti-corruption compliance. In this 90 minute webinar, subject matter experts will provide you with key takeaways from the FCPA Guide, as well as their take on the government’s views.

Learning Objectives

• Understand the history and purpose of the FCPA Guide, how it can help government contractors navigate FCPA compliance, and its limits.
• Identify the hallmarks of an effective anti-corruption compliance program;
• Become familiar with factors the agencies consider in deciding whether to decline corporate prosecutions, including voluntary disclosure, cooperation in government investigations, and improvement of compliance programs;
• Recognize whether and what facilitating payments to foreign government officials may be permissible under the FCPA.
• Review the meaning of key terms in the FCPA that have been the subject of recent litigation, including the definition of “foreign official.
• Identify the scope of parent-subsidiary and successor liability under the FCPA.
• And much, much more!