FCPAméricas Blog
Archive for FCPA Guidance category:
Exercising FCPA Audit Rights: Tips for Practitioners
3.13.2014
FCPA enforcement actions in the recent past, as well as the FCPA Guidance, highlight the importance of including audit rights in written contracts with third-party contractors. But just including them is not enough. The Assistant Director of the SEC’s FCPA Unit, Tracy Price, has publicly stated that enforcement agencies are also looking at how companies […]
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Living the Cliché at PetroTiger
2.06.2014
The DOJ’s PetroTiger press release reads like an overblown caricature of an FCPA case: top executives of an oil and gas company formed in the British Virgin Islands, with offices in New Jersey and operations in Colombia, allegedly paid approximately $250,000 to a Colombian government official in exchange for lucrative government contracts. It is tempting […]
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Conducting Effective FCPA Training in Latin America
11.29.2013
One of the most important elements of a robust compliance program is training. As mentioned in the Resource Guide to the FCPA, “DOJ and SEC will evaluate whether a company has taken steps to ensure that relevant policies and procedures have been communicated throughout the organization, including through periodic training.” Moreover, simply conducting training is […]
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What Brazil’s Anti-Corruption Law Could Mean for Brazilian Companies and Compliance
5.07.2013
Now that the Brazilian House of Representatives has approved a version of Anti-Corruption Bill 6.826/2010, corporate anti-corruption compliance in the country is positioned to take on a new level of importance. The legislation establishes direct civil liability for corporations and makes them liable for the corrupt acts of their directors, officers, employees, and agents under […]
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How FCPA Enforcement Officials Discover Violations
1.24.2013
People throughout Latin America often ask me how FCPA enforcement officials discover that a company has bribed a foreign official. It is a good question. Foreign bribery usually happens far away from the United States. Bribery by its very nature plays out in the darkness. Those committed to making improper payments are also committed to […]