Global Anti-Bribery and Anti-Corruption (FCPA) Training

What is anti-bribery and anti-corruption training and why does it matter?

Anti-bribery and anti-corruption (ABAC) training is designed to help employees understand the laws and regulations related to bribery and corruption—including the Foreign Corrupt Practices Act (FCPA)—and to develop strategies for preventing these illegal and unethical practices in the workplace. This training is essential for businesses of all sizes, including those involved in international business and nonprofit organizations, because it will help your company:

• Comply with your legal obligations under the Foreign Corrupt Practices Act (FCPA) and its accounting provisions, so you can avoid fines and penalties for FCPA violations.
• Maintain a positive reputation and build trust with stakeholders, including international organizations.
• Create a culture of ethical conduct and an effective FCPA compliance program.

What are the potential consequences of bribery and corruption discussed in the course?

• Third-Party Actions: Engaging agents, consultants or contractors who offer bribes on the company’s behalf.
• Indirect Payments: Making payments to family members or associates of officials, even without direct involvement in bribery.
• Lack of Due Diligence: Failing to properly vet business partners or transactions, especially in international business contexts.
• Inadequate Controls: Weak compliance program policies or insufficient employee training.

How can employers unknowingly violate anti-bribery laws without engaging in bribery directly?

• Lack Oversight: Not monitoring third-party agents, vendors or consultants who may engage in corrupt payments on their behalf.
• Ignore Red Flags: Overlooking suspicious transactions, such as unusually high fees or vague contract terms.
• Offer Lavish Gifts or Hospitality: Providing excessive gifts, trips or entertainment that could be seen as influencing decisions, including in international business settings.
• Fail to Train Staff: Employees unaware of bribery risks may unintentionally cross legal boundaries.

What are some common bribery red flags that the course highlights?

• Requests for Unusual Payments: Payments directed to third parties, family members or unrelated businesses, especially with no clear business purpose, which can trigger FCPA violations.
• Lavish Gifts or Entertainment: Providing or receiving expensive gifts, extravagant meals or entertainment in exchange for business favors.
• Charitable Contributions: Donations made to seemingly legitimate charities where a portion is funneled back to a government official or influential figure - an issue particularly relevant for nonprofit organizations.
• Unusual Contract Terms: Agreements with vague services, excessive commissions or unclear deliverables, which may violate the FCPA's accounting and internal control requirements.
• Pressure for Quick Decisions: Requests for immediate payments or rushed contract signings without proper due diligence.
• Reluctance to Provide Information: Business partners who refuse to provide transparency about their ownership, funding sources or business practices.
• Cash Payments: Requests for cash transactions, especially in significant amounts.
• Unjustified Hiring: Being asked to hire a government official’s family member or associate without legitimate business qualifications.

Why should you train your employees on anti-bribery and anti-corruption?

• Empower employees to better understand the complexities of global bribery and corruption laws, including the FCPA and its accounting provisions.
• Engage employees to help minimize legal risks associated with bribery and FCPA violations
• Promote a culture of ethical conduct and compliance.
• Enable employees to protect your company's reputation and brand across both domestic and international business operations.

What is the Foreign Corrupt Practices Act (FCPA)?

• Offering, promising, or authorizing anything of value to a foreign official to influence them in their official capacity.
• Providing something of value to a foreign official to help them with their duties.
• Providing something of value to a foreign official to secure an unfair advantage.

What types of payments and gifts are prohibited by anti-bribery and anti-corruption laws?

• Cash or gifts that are intended to influence an official's actions.
• Providing benefits, like travel, meals, or entertainment, to gain an advantage.
• Making payments or giving gifts to facilitate a business transaction, which can trigger FCPA violations.

What are facilitation payments, and are they legal?

Facilitation payments, also known as grease payments, are small corrupt payments made to expedite routine government actions. While they can seem like a small gesture, they are often illegal and can lead to serious consequences.

What can employees do if they are asked to make a questionable payment or are pressured to engage in unethical behavior?

Employees who face pressure to engage in unethical or illegal behavior should report the situation immediately to their supervisor, their company's ethics hotline, or their compliance department. To do so, it’s essential for employees to have a clear understanding of the company's policies and reporting procedures — particularly as they relate to FCPA compliance and anti-bribery laws. .