Help employees and managers in international business recognize bribery risks, follow FCPA accounting rules and manage third-party agents responsibly.
Companies that do business abroad face serious legal exposure if anyone acting for them offers a bribe to a foreign official. Congress passed the Foreign Corrupt Practices Act in 1977 to curb this kind of corruption. This course is for employees, managers and sales staff who deal with international customers, partners or government contacts. The program explains the two main parts of the act: the anti-bribery provisions and the accounting provisions. It makes clear that improper payments to foreign officials are illegal in any form, including kickbacks. Viewers learn how the law reaches U.S. companies, their representatives and foreign entities acting within the United States. The course reviews the risks of using third-party agents, the facilitating payments exception and the civil and criminal penalties for violations. It also explains why publicly traded companies must keep accurate books and records. The video runs about 8 minutes and is available in English and Spanish. It was produced in 2016, so pair it with your current compliance policy.
FCPA training is for employees who deal with foreign officials or international business, such as executives, sales staff, procurement, logistics and finance teams. Anyone who hires or manages overseas agents, distributors or consultants also needs FCPA training. The 8-minute video is available in English and Spanish.
The U.S. Department of Justice and the Securities and Exchange Commission enforce the Foreign Corrupt Practices Act of 1977. The Justice Department handles all criminal cases and some civil cases. The SEC brings civil cases against publicly traded companies for violating the anti-bribery or accounting provisions.
Facilitating payments fall under a narrow FCPA exception for routine government actions, such as processing paperwork or connecting utilities. The exception never covers payments made to win or keep business. Many companies ban facilitating payments entirely, and some other countries' anti-bribery laws prohibit them outright.
A company can be liable under the FCPA for bribes paid by its third-party agents, consultants or distributors. Ignoring red flags, such as unusual commissions or requests for cash payments, is not a defense. Companies should vet agents, include anti-bribery terms in contracts and monitor how payments are used.
FCPA violations can bring criminal fines, civil penalties and prison time for individuals. Companies may also lose eligibility for government contracts or face limits on future international business. Fines imposed on individuals cannot be paid by their employer, which increases personal exposure for managers and employees.
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