Foreign Corrupt Practices Act (FCPA)

What is it?

  • The FCPA prohibits:
  1. Corrupt payments, offers, gifts, or promises to pay anything of value, to
  2. any foreign official 
  3. for the purpose of obtaining any improper advantage or benefit.
  • The FCPA also requires publicly traded companies to:
  1. Maintain accurate books and records to reflect transactions of the company,
  2. and devise internal controls to provide assurances that transactions are executed and recorded properly

Why You Care

  • The last five years have seen more cases brought under the FCPA than in all previous years combined
  • Settlements in overseas bribery cases since 2008:
  1. Siemens A.G. fined $1.2 billion by US and EU
  2. Kellogg, Brown and Root LLC fined $402 million
  3. JGC Corp, a Japanese Engineering Co., fined $218.8 million
  4. French energy construction firm Technip S.A. fined $338 million
  • Companies may be sued civilly by the SEC and the DOJ can bring both criminal and civil charges
  • Companies may face lawsuits abroad if found liable under the FCPA (as with Siemens A.G.).  Corruption is illegal in every country, and several countries have regulations similar to the FCPA

The IntegTree Solution

  • At IntegTree we provide both training and consulting services.  Our consulting services include assessing your internal controls to help you monitor your diverse worldwide transactions.
  • We audit your organization’s risk exposure based on areas and industries of operation and can help you create an adequate compliance program. 
  • We also train your workforce to recognize and avoid FCPA violations, and to report observed violations.  We also train on the intricacies of the FCPA and the most commonly misunderstood aspects, including the permissible exceptions to payments of foreign officials.
  • Our services can cover all anti-corruption regulations to which you may be subject, including the UK Bribery Act and other variants.   
  • As with all IntegTree training programs, we work with you to customize the training to that most relevant to you.  We can deliver both short training courses and a more in-depth training intervention.  Customized Online materials can also be developed to meet your specific, ongoing training needs.