The Foreign Corrupt Practices Act And The New International Norms

This book provides an in-depth analysis of the FCPA and significantly expands upon the first with critical updates reflecting the latest developments of the Act; a broader and more expansive analysis of the FCPA, including those aspects that relate directly to Sarbanes-Oxley; and a detailed analysis of the debarment practices associated with the anti-corruption policies of the World Bank Group.

Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws and of related laws and regulations in key common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and explains the related legal obligations that apply to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in Australia, Canada, Ireland, New Zealand, and South Africa are also extensively addressed. Stuart H. Deming also closely focuses on laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization for foreign bribery.

Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the Šworld�s most ethical FCPA violators,� Šthe faˆade of

As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis. The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials. Written by renowned accounting fraud experts Richard A. Sibery and Brian P. Loughman, and providing an introduction and overview of the Foreign Corrupt Practices Act (FCPA) and international bribery laws, Bribery and Corruption considers: How to conduct FCPA risk assessments and investigations How to consider FCPA specific financial controls How to implement an FCPA compliance program and how to measure FCPA compliance The risk of bribery and corruption continues to be an area of concern for companies around the world, but armed with Bribery and Corruption, it is easier than ever to understand the challenges that exist and how to deal with them.

Doing business overseas means learning new ways of negotiating. It also means understanding when an accepted and even expected "gift" to the other party will be considered a bribe under the U.S. Foreign Corrupt Practices Act (FCPA). The new second edition of Doing Business Under the Foreign Corrupt Practices Act gives you that vital legal and procedural information. This comprehensive reference helps you to: -Develop internal compliance programs that detect and prevent illegalities -Spot cautionary "red flags" and sidestep potential legal pitfalls in planned business steps -Draft compliant business agreements and contracts using included model contract provisions -Satisfy FCPA's complicated accounting standards, and -Avoid RICO violations, wire and mail fraud, and other legal missteps. Over the past few years, the number and size of recoveries under the FCPA have significantly grown. In addition, the whistleblower provision in the Dodd-Frank Act increases potential recoveries for actions before as well as after the effective date of the Act. Doing Business Under the Foreign Corrupt Practices Act, Second Edition provides you with all of the latest enforcement actions, reminding companies and their counsel of the harsh penalties for falsified books and records, mischaracterized payments, fictitious invoices, insufficient internal accounting controls, and other charges. Doing Business Under the Foreign Corrupt Practices Act, Second Edition contains chapters on recurring issues and hypothetical case studies. It is filled with a variety of sample model contract provisions and contains a model compliance program. The new second edition discusses in detail the factors to consider in determining whether an entity is an instrumentality of a foreign government; the updated and strengthened Rules for Combating Corruption issued by the International Chamber of Commerce; and a discussion of the activities of the Asian Development Bank, which was the first multilateral development bank to adopt a policy on governance. This treatise is an invaluable handbook for in-house and outside corporate counsel, corporate executives and managers, and anyone who is responsible for business relationships with overseas partners or customers.

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.