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    Global Trade and Sanctions blog

    Foreign Corrupt Practices Act & Global Anti-Corruption


    Companies that do business in foreign countries must ensure that they comply with the U.S. Foreign Corrupt Practices Act (FCPA). Recently, several factors have led to a marked increase in FCPA enforcement activity, stressing the need for a legal team that can provide a full range of FCPA-related services, from general compliance and advise on specific transactions to investigations and representation before government agencies when potential issues are uncovered. To better service our clients, Pillsbury has created a multidisciplinary team dedicated to providing clients exceptional guidance on complex legal and regulatory issues involved in doing business abroad.

    We provide a resource for executives and inside company counsel to address interpretation issues and to guide our clients through all aspects of FCPA compliance and enforcement, including:

    • Advising on sensitive payments, conducting investigations and advising committees of companies’ Boards of Directors;
    • Representing companies and individuals under investigation or charged with violations in both civil and criminal proceedings;
    • Assisting companies with preparing and implementing internal control programs for FCPA compliance;
    • Conducting due diligence reviews of potential acquisition targets, business partners and agents, analyzing and structuring transactions to avoid potential FCPA liability, and drafting contract clauses for agreements with foreign representatives;
    • Advising on permitted sales and marketing activities involving government officials; and
    • Coordinating with foreign local counsel to determine whether specific activities are lawful in the foreign jurisdiction.

    Our recent experience in representing companies on FCPA matters includes:

    • Assisting a foreign-based aircraft manufacturer in preparing its anti-bribery policy, and advising it on the scope of the FCPA;
    • Advising a telecommunications company on questionable payments made by an affiliate in Saudi Arabia, working in conjunction with Saudi counsel;
    • Advising a satellite services company on the structuring of its relations with radio spectrum coordination and oversight consultants in Russia to avoid potential FCPA concerns;
    • Counseling a medical services company on special FCPA risk factors relating to doing business in China;
    • Providing regular training sessions to staff of a global nuclear services company and assisting the company with preparation of a standardized due diligence checklist;
    • Advising an aircraft repair company on FCPA issues arising from the hiring of a sales representative in the Middle East;
    • Assisting a technology company with operations in Latin America in establishing a compliance program, training materials, and agreements with in-country sales representatives;
    • Advising a medical device company on hiring and screening potential distributors in the Middle East;
    • Advising a U.S. holding company on FCPA restrictions on cross-hiring of directors from its Middle East parent company;
    • Drafting and assisting with the implementation, including training, of a corporate anti-bribery policy for a U.S. international bank;
    • Assisting a European global conglomerate in drafting a global anti-corruption policy incorporating the FCPA and other global anti-corruption regimes;
    • Performing FCPA due diligence for an acquisition of U.S. airplane component companies by a foreign airplane component company;
    • Preparing FCPA compliance guidance for use by a telecommunications company in educating its employees;
    • Advising a mineral assets holding company whether a gift to the president of another country or paying for the president's travel expenses could be consistent with the FCPA;
    • Performing FCPA due diligence for an acquisition of a U.S. telecommunications company by a foreign U.S. telecommunications company;
    • Advising an Israeli technology company on FCPA compliance related to hiring government employees to assist with research and development;
    • Counseling an information technology government contractor on the FCPA pitfalls of using agents in the Middle East;
    • Advising a technology company on a proposal to host foreign government officials to demonstrate their products; and
    • Training U.S. government contractors on FCPA compliance related to their foreign projects.

    As a multidisciplinary team, we have members monitoring U.S. court decisions, the terms of DOJ and SEC settlements, and policy statements of enforcement officials and regulators. Pillsbury offers full-service solutions for companies by helping them establish effective FCPA compliance programs and respond to potential violations when they arise.

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