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Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws

Mike Koehler

In the minds of some, complying with the US Foreign Corrupt Practices Act and related laws such as the UK Bribery Act is easy: ‘you just don’t bribe’. The reality, as sophisticated professionals know, is not so simple. This book is for professionals across various disciplines who recognize the difficulties of compliance and want to learn strategies for minimizing risk under aggressively enforced corporate bribery laws. The book uses issue-spotting scenarios to present risk and guides professionals through various components of compliance best practices from the fundamentals of conducting a risk assessment and effectively communicating compliance expectations, to implementing and overseeing compliance strategies.
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Chapter 3: A focus on third parties and related risk management strategies

Mike Koehler


The FCPA and related laws contain third-party payment provisions which prohibit the above core conduct from being accomplished indirectly through third parties. The upside of utilizing third parties – not just in connection with sales activities but other aspects of business as well – is they are efficient, understand the local business environment, and have relationships with key business actors. However, these attributes also represent a downside and third parties are often the single greatest risk to a compliance program. Accordingly, an important component of having “FCPA goggles” is understanding the FCPA’s third-party payment provisions and Chapter 3 develops this knowledge by highlighting legal authority and non-legal sources of information relevant to these expansive provisions and how they capture so-called willful blindness or conscious disregard of third-party conduct. To minimize the risk of engaging and maintaining relationships with third parties, Chapter 3 also highlights various compliance best practices spanning all three phases of a third-party relationship: pre-engagement best practices; engagement best practices; and post-engagement best practices. In addition, various template compliance documents are provided and you will also have a chance to assess your acquired knowledge of the third-party payments provisions through a real-world issue-spotting scenario.

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