FCPA Guide Provides Practical Insights for US SMBs Working Globally

Ed Marsh | Apr 25, 2016 12:00:00 PM

Ed Marsh of Consilium Global Business Advisors announces publication of guide based on extensive interviews with Richard Bistrong of Front Line Anti-Bribery

BOSTON, MA, 25 April, 2016

FCPA_Guide_for_SMBs_cropped_cover_image_copy.pngThe Foreign Corrupt Practices Act (FCPA) is an important and poorly understood far reaching regulation with implications for many small and medium size businesses that sell, or even buy, internationally. FCPA enforcement investigations and actions are increasing. Companies AND individuals, including officers and directors may have exposure of which they are unaware. The actions of foreign third parties, like distributors and agents, can potentially create risk of personal criminal liability for American managers even if they’re unaware of those actions.

“There’s lots of dense, legalese type information available – but up to this point there’s been no plain English, simple, consolidated guide for managers of US companies,” comments Ed Marsh, an international business consultant and founder of Consilium Global Business Advisors, LLC. He continues, “I’ve been intent on filling that gap with a practical business guide, and I was so excited when Richard agreed to be interviewed. I don’t know of anyone else who speaks with his passion and authority on this topic.”

Global efforts to combat corruption are intensifying. In recent years and months more countries have implemented their own statutes which are analogous to the US FCPA, and the news is full of stories regarding the Panama Papers and Brazil’s impeachment cliffhanger which involves accusations of corruption. It’s clear that companies which source products internationally and those which export both have exposure. Yet many are unaware and fail to take prudent steps to mitigate that risk. This practical business guide doesn’t purport to provide legal counsel – companies should always refer to an attorney for that sort of assistance. However, it lays out in simple terms the unrecognized risks faced by many companies along with their owners, officers and directors.

Richard Bistrong, Founder of Front Line Anti Bribery, LLC and an expert on the role of strategy and culture in FCPA compliance said “I really enjoyed working with Ed to create this guide. He’s a strategy consultant who brings a high level perspective to his client work, so this was a great fit. FCPA compliance is really a strategic challenge and the market has needed a resource that puts it into context for SMB owners.”

Global sales and supply chains are both important to many SMBs – but they entail some risks which should be mitigated. The first step in mitigation is for owners, managers, directors and officers recognize those risks, and this new guide, which is available for download here provides an overview of the FCPA; highlights areas of risk; debunks misconceptions; explores related areas such as insurance and payment considerations; and provides a list of resources in addition to providing insight into the role of strategy and culture in a holistic FCPA compliance program. Incorporating the real world, first person perspective of Richard Bistrong and Ed’s extensive experience consulting with SMBs on exporting, it’s a practical resource every SMB manager, owner, director or officer should download and read. 

About Consilium Global Business Advisors:  Consilium assists American manufacturers in applying process excellence to their business development.  In other words we help lean, well managed companies with rock solid bottom lines effectively and consistently grow their top lines to match.  We work primarily with mid-size industrial manufacturing companies, guiding them through a journey of designing and executing business grade B2B inbound marketing and focused, profitable global market expansion.