Digest of Articles on FCPA Enforcement

Ed Marsh | Jul 5, 2012

FCPA enforcement, culture and....Sesame Street

"(FCPA enforcement is) Insidious - It might be reasonable to assume that if you negotiate your deals cleanly for orders, licenses, approvals, etc., you'll be find.  WRONG.  In fact, the majority of FCPA investigations stem from customs-related violations"  Excerpt from article by Ed Marsh in InternationalMan.com on 26 June

"Sesame Street + Pakistan = Corruption - Apologies to the beloved Cookie Monster, but lately C is for Corruption, and that's not good enough for me.  Of the United States go9vernment for that matter...A whole new era in FCPA enforcement was inaugurated as a result of such reporting systems and the whistle blowing they encourage."  Excerpt from article by @RichardLevick in Forbes on 25 June

"Free anti bribery Tools for Corporate Compliance Officers (ed. - that's you if you are an executive!) Companies (compliance programs) are expected, yeat upon year, to be more sophiticated and broader in reach - without raising costs to do so.  And although there is a limit to how far travel, training, due diligence, and risk-assessment budgets can be stretched, tehre is some good news for corporate compliance officers:  civil society and the philanthropic arems of some institutions have been working to develop compliance tools that are avilable to use at no cost."  Excerpt from article by Alexandra Wrage of @Trace_Inc from Law.com on 22 June

"State-Owned Enterprises:  What's All the Hullabaloo? - Lawyers and the FCPA paparazzi can take something simple and make it complicated.  Take the issue of state-owned enterprises."  Excerpt from article by @MikeVolkov20 in his Crime and Compliance blog on 12 June

"China: 1.3 Billion Foreign Officals? - The current corporate stance is essentially 'everyone in China is a government official.'  I believe that this stance - while popular and easy to message - is wrongheaded.  It is simply not ture that there are 1.3 billioin foreign officals in China."  Excerpt from article by @HowardMSklar in Forbes on 21 June

"Critical D&O Policy Provisions - Seemingly inconsequential differences in D&O policy language can have profound consequences on coverage for FCPA claims..."  Excerpt from article by Stephen T. Raptis of Mannatt, Phelps & Phillips, LLP

FCPA enforcement and compliance

The bottom line as far as your international business development efforts?  This is an active area that is becoming more so.  Small size, ignorance and good intentions will not serve to spare your business from the wrath of DoJ - and remember violations for which you are responsible may have occured without your knowledge and been comitted by an agent or other non-employee representative.

Want to get a handle on your compliance and other aspects of your international business legal exposure?  Contact Consilium Global Business Advisors to discuss how we can help coordinate that important initiative.

And download our free eBook on "Initial Legal Considerations for an Export Program."

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