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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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Contents

Mike Koehler

About the author
Introduction and overview
1  A diverse group of professionals need skills to spot risk under the FCPA and related laws
Omnipresent risk
The fallacy of “just don’t bribe”
Root causes of risk
Realities of the global marketplace
“Ripple effects” of scrutiny and enforcement
2  The FCPA’s core anti-bribery provisions and related risk management strategies
Anything of value
Corrupt intent
Foreign official
Obtain or retain business
Jurisdiction
Statute of limitations
3  A focus on third parties and related risk management strategies
Third-party payment provisions
Risk management strategies
4  The FCPA’s exception, affirmative defenses and related risk management strategies
Facilitating payments exception
Affirmative defenses
5  The FCPA’s books and records and internal controls provisions
A law much broader than its name suggests
Legal authority and non-legal sources of information
Enforcement action analysis
6  Compliance best practices and the fundamentals of conducting a risk assessment
Overview of best practices
The fundamentals of conducting a risk assessment
Risk assessment skills exercise
7  Implementing a compliance program and effectively communicating compliance expectations
Written policies and procedures
Effective communication strategies
Training best practices
8  Overseeing a compliance program
Oversight responsibility and resources
Internal reporting and investigation
Periodic assessment and continuous improvement
Conclusion
Index