CE-105 NAVIGATING FCPA AND UK BRIBERY ACT COMPLIANCE

CE-105 NAVIGATING FCPA AND UK BRIBERY ACT COMPLIANCE

DESCRIPTION

Global anti-corruption enforcement has never been more active. The Yates Memo, increased incentives for whistleblowers through Frank-Dodd, the SEC’s “broken window” policy toward large and small violations, and the Department of Justice’s U.S. Foreign Corrupt Practices Act (FCPA) Pilot Program have led to a significant increase in enforcement and penalties. In 2016 FCPA enforcement led to actions against 27 corporations, resulting in $2.41 billion in penalties. In March of 2018 the Serious Fraud Office (SFO) successfully prosecuted the first “failure-to-prevent” case under the UK Bribery Act. FCPA compliance is not just for business conducted on foreign soil—it requires “books and records” and an internal controls provision that applies to all publicly listed companies. The SEC continues to push an expansive view on the internal controls provision of the FCPA where adequate controls in centralized accounting functions are no longer enough.

 

This course will educate participants on the legal and regulatory frameworks of the UK Bribery Act and the FCPA and how to establish a compliance program to deter, prevent, detect, and minimize legal violations.

LEARNING OBJECTIVES:

  • Learn key elements of the FCPA, UK Bribery Act, and other significant anti-corruption initiatives
  • Determine whether specific transactions violate the FCPA, the UK Bribery Act, or both
  • Identify the essential elements of an effective FCPA and UK Bribery Act compliance program
  • Learn best practices for an FCPA and UK Bribery Act risk assessment
  • Recognize the six principles of preventing bribery under the UK Bribery Act
  • Recognize common red flags associated with bribery
  • Learn how FCPA is enforced and the penalties available for FCPA violations
  • Identify best practices for conducting bribery investigations and writing investigation reports
  • Ascertain the most effective ways to respond to bribery-related issues

 

COURSE OUTLINE

UK Bribery Act vs. FCPA—The Differences

  • Legal differences
  • Enforcement
  • Intent vs. success
  • Books, records, and accounts
  • Training and awareness
  • Addressing violations

Understanding Bribery and Corruption

  • What constitutes bribery?
  • What is something “of value”?
  • Who is a government official and what is a state-owned enterprise?
  • What does it mean to obtain or retain business under bribery laws?
  • Using third parties
  • Books, records and internal controls
  • What are bribery red flags?

Six Principles for Preventing Bribery

  • Adequate procedures
  • Top-level commitment
  • Risk assessments
  • Due diligence
  • Communication and training
  • Monitoring and review

Conducting Risk Assessments

  • Common risks
  • Identifying areas of opportunity
  • Monitoring and analysis techniques
  • Developing a response plan

Investigations and Reporting

  • Planning for an investigation
  • Sources of information
  • Gathering and processing evidence
  • Interviews
  • Reporting
Duration

CPE

Delivery

Field

Level

Who Should Attend

 

 

 

Prerequisites

Advanced Preparation

2 Days

16

Group-Live

Regulatory Ethics (Technical)

Intermediate

Compliance Staff and Managers, Internal Audit Staff and Management; Fraud Investigators and Managers; Financial; Operational, Internal, IT, and External Auditors; Audit Managers; Risk and Compliance Managers and Officers; Information Security Professionals

Professionals with at least 2 years of experience

None