In this course we review the core concepts of the U.S. Foreign Corrupt Practices Act (FCPA), one of the most challenging laws for U.S. companies to comply with, and also one of the government’s most-enforced laws.
We start with a brief overview of the history and purpose of the law, and then discuss the basic provisions of the FCPA, including the “books and records” provisions. Following this we discuss what constitutes a “foreign government official,” as well as the types of corruption that the FPCA does and does not cover, as well as ways that companies may inadvertently violate the FCPA. We discuss penalties and current enforcement themes. Finally, we present the elements of an effective FCPA compliance program and provide practical suggestions on how to avoid potential problems.
This course serves as overview for accounting, finance, tax, and treasury professionals who want an overview of this law or would like a refresher, as well as practical insights on how to avoid FCPA problems.
Learning Objectives
- Recognize the basic concepts of the FCPA and identify when FCPA issues may arise
- Identify who is and who is not a “government official” under the law
- Identify the types of corruption and bribery that the law is attempting to prohibit
- Recognize the steps necessary to create a defensible FCPA compliance program
- Recognize some of the penalties and other negative consequences of FCPA enforcement
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Prerequisites
Prerequisite: Exposure to the US Foreign Corrupt Practices Act
Advanced Preparation: None