Have you ever paid someone for doing you a favor? You may be accustomed to tipping wait staff or other service providers, but what if you paid a police officer for NOT issuing a parking ticket? Or if you gave a “gift” to a government official for signing a contract with your company? Tipping might be okay, but paying a bribe is a violation of the law. Bribery is widespread and exists almost everywhere and in many forms. Compliance programs address this and other forms of corruption.
This FCPA training course explains the major principles of U.S. anti-corruption law. It is intended to help employees understand the importance of FCPA compliance and recognize and respond appropriately to “red flags” — situations that present a risk of FCPA violations. The FCPA is the most strongly enforced anti-corruption law in the world. The US can prosecute anyone for violating the FCPA violations even if you are outside of the US. It is that serious.
Bribery and corruption damages lives, reputations, and businesses. Yet in many countries, bribery is a regular–even accepted–business practice. The direct victims of bribery include businesses that lose out unfairly because of corrupt practices, and on a wider scale, governments and society as a whole.
This course also takes an in-depth look at the causes of bribery and corruption, how to recognize red flags, and what companies should consider and include in their compliance programs to ensure that their international partners, agents, consultants, and subsidiaries comply with the rule of law.
The course is based on the FCPA Resource Guide released in November 2012 by the DOJ and SEC.
WHAT YOU’LL LEARN
- Identify what corruption is and how to recognize it.
- Recognize red flags and other warning signs pointing to corrupt practices.
- Identify steps that you can take to better foresee your global corruption risks.
- Articulate the need for ongoing risk assessments and review.
- Identify why third-party due diligence can make or break your program.
- FCPA Historical Background
- The Importance of Compliance
- The Costs of Non-Compliance
- Basic Principles
- Who Is Covered?
- Who Is a “Foreign Official”?
- What Is “Corrupt Intent”?
- Monetary Payments
- Meals and Entertainment
- Travel Expenses
- Actions of Agents
- Red Flags
- Exceptions and Defenses
- If You Spot an Issue
- Corruption and the Law
- How Do You Recognize Corruption?
- Compliance/Bribery Red Flags
- A Practical Compliance Checklist
- FCPA Checklist
WHO CAN ATTEND:
- Anyone interested in regulations or compliance
At the conclusion of this course, you will be able to:
- Summarize what the Foreign Corrupt Practices Act (FCPA) is about.
- Define “bribery,” as outlined by the FCPA.
- List some of the private persons considered to be government employees by the FCPA.
- Describe the role of the board of directors as it pertains to internal accounting controls.
- Identify some of the “red flags” that demand further scrutiny
- Outline what provisions consultancy agreements should include.
Discuss “willful ignorance”
- Summarize the Books and Records and Internal Control provisions of the FCPA.
- List the four recommended internal accounting controls.
- Identify what accounting policies should address.
- Summarize the “grease” exception to anti-bribery provisions.
- Define “routine governmental actions” and outline what these actions cover.
- Elements of the FCPA compliance program, and the FCPA’s accounting and anti-bribery provisions
- International and regional anti-corruption initiatives
- Standards and tools you can use to help design, assess and certify your organization’s anti-corruption program
- A six-phase approach to develop a framework for conducting FCPA risk assessments
- Methods to analyze your FCPA risk assessment
- Risk factors you should evaluate when conducting an FCPA risk assessment
A highly interactive format, where all delegates will be encouraged to engage and participate, share and gain from each other’s knowledge and experience. The lectures will rely on a bullet-based slide presentation enriched by group discussions around case studies, videos and checklists wherever applicable.
Through a multiple-instructional setting, the goal is to achieve the learning objectives by means of virtual technologies that match personal learning styles and by the inclusion of non-linear learning that aims at the development of just-in-time skills of adult learners.
At the same time and in order to allow participants maximum flexibility of scheduling, the learning will be conducted in an allochronic manner. Using a state-of-the-art training architecture, RMA will combine self-learning with assessments and online discussions.
The pedagogics – adapted explicitly to professionals in full-time work – will help train participants through several experiences: absorb (read); do (activity); intermingle (socialize); mirror (relate to one’s own reality).
DURATION: 5 days [ 5 Hours each day]
VENUE: Virtual or Onsite
DATE[TBC]: For registration/booking, please send a mail to: firstname.lastname@example.org or call: 08021003297;07034248767;09071941111