Doing Business Under The Foreign Corrupt Practices Act

An essential resource for anyone involved in doing business abroad, this timely looseleaf reference combines a comprehensive legal analysis of the FCPA with practical advice on doing business in a competitive international market under the FCPA.Doing Business Under the Foreign Corrupt Practices Act:. Demonstrates how to satisfy the FCPA's accounting provisions--including mandatory record-keeping and internal accounting controls.. Highlights the circumstances that trigger FCPA violations...with clear, contextual coverage of illicit quid pro quo relationships, knowledge standard, reasonableness rule, prudent person standard and more.. Clarifies the limits and reach of the FCPA...including your clients' liability for the illegal actions of agents, distributors, foreign subsidiaries and even low-ranking employees.. Illuminates such slippery areas as a corporation's liability as a minority owner of a foreign affiliate, or as a subcontractor to a foreign prime contractor.. Explains vital areas not explicitly addressed by the FCPA by referring to case law, domestic statutes, Justice Department Review Procedure Releases and legislative history.. Points out the ominous "red flags" that indicate a company may be on the brink of liability without even knowing

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Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

A thoroughly pragmatic guide to the U.S. Foreign Corrupt Practices Act (FCPA) This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals. The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employees A great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growth Includes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situations Covers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).

In the minds of some, complying with the US Foreign Corrupt Practices Act and related laws such as the UK Bribery Act is easy: 'you just don't bribe'. The reality, as sophisticated professionals know, is not so simple. This book is for professionals across various disciplines who recognize the difficulties of compliance and want to learn strategies for minimizing risk under aggressively enforced corporate bribery laws. The book uses issue-spotting scenarios to present risk and guides professionals through various components of compliance best practices from the fundamentals of conducting a risk assessment and effectively communicating compliance expectations, to implementing and overseeing compliance strategies.

The Foreign Corrupt Practices Act (FCPA) is a critically important statute for combating corruption around the globe. Corruption has corrosive effects on democratic institutions, undermining public accountability and diverting public resources from important priorities such as health, education, and infrastructure. When business is won or lost based on how much a company is willing to pay in bribes rather than on the quality of its products and services, law-abiding companies are placed at a competitive disadvantage, and consumers lose. This book addresses a wide variety of topics, including who and what is covered by the FCPA's anti-bribery and accounting provisions; the definition of a "foreign official", what constitutes proper and improper gifts; travel and entertainment expenses; the nature of facilitating payments; how successor liability applies in the mergers and acquisitions context; the hallmarks of an effective corporate compliance program; and the different types of civil and criminal resolutions available in the FCPA context.