Navigating the FCPA “Resource Guide": Enforcement Trends and Compliance Tips
With last week’s long-awaited release of the SEC and DOJ’s 120-page “Resource Guide to the U.S. Foreign Corrupt Practices Act,” companies that do business overseas—or are considering overseas expansion—were given a glimpse into what will likely be the most prevalent FCPA enforcement theories in the coming years, as well as helpful guidance on the hallmarks of a successful corporate compliance program. Our panel of anti-corruption experts will discuss important takeaways from the FCPA Resource Guide, including: • Who the government considers a “foreign official” within the scope of the FCPA; • Important precautionary measures when engaging third parties overseas; • Key considerations when giving gifts or paying entertainment and travel expenses for foreign officials; • Discussion of the risks of FCPA successor liability following an acquisition; and • The importance of thorough, well-documented due diligence.
