Where to Go for FCPA Compliance Training

  • FCPA compliance training is an important component of a company’s compliance policy. Companies are obligated to be proactive in complying with the FCPA and in ensuring that their personnel do the same. One way to achieve this is through FCPA compliance training.
  • Compliance training is designed to educate personnel on the FCPA and how to identify and respond to identified risks. Company training sessions on anti-corruption helps safeguard the company against corruption risks and demonstrates to regulatory agencies the company’s compliance with the FCPA.
  • Utilizing these training sessions and educating company personnel are important because it is often the company’s personnel that identifies corruption risks.
  • There are many vendors that offer FCPA training for companies to undertake.
  • Consider hiring a team of FCPA lawyers to advise you on FCPA compliance training, including the training program’s consistency with SEC and DOJ policies.

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Dr. Nick Oberheiden
Dr. Nick Oberheiden

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John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

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Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

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Joe Brown
Joe Brown

Former U.S. Attorney & Former District Attorney

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Amanda Marshall
Amanda Marshall

Former U.S. Attorney

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Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

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Roger Bach
Roger Bach

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Gamal Abdel-Hafiz
Gamal Abdel-Hafiz

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Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

Experienced FCPA Defense Team

If you need advice on implementing or evaluating the effectiveness of FCPA compliance training or in determining whether such training sessions are consistent with federal guidance, it is time to contact a FCPA defense attorney as soon as possible.

The SEC and DOJ regularly target companies that fail to impose sufficient anti-corruption standards within their company because this failure increases the risk of corruption and bribery.

FCPA charges could result in significant civil and criminal penalties, jail time, and reputational damage.

Do not take the risk of neglecting to implement or monitor your personnel FCPA training. The SEC and DOJ do not give second chances. Protect your business and your reputation by hiring an experienced team of FCPA attorneys.

At Oberheiden, P.C., our attorneys include former FBI agents, former U.S. attorneys, and former prosecutors, all poised to advise you on FCPA compliance training and defend your company against any unwarranted federal charges of FCPA violations.

Do not wait to get in touch with a qualified defense attorney today. Put Oberheiden, P.C. on your side to fight for your freedom, company, and reputation.

Introduction

The Foreign Corrupt Practices Act (“FCPA”) prohibits bribing foreign officials and requires companies to maintain books, records, and internal controls.

Companies must implement and regularly assess their compliance policies to ensure that its operations are consistent with the FCPA and other anti-corruption legislation.

Part of this responsibility includes evaluating the effectiveness of company compliance training to determine whether such training adequately covers new laws, regulations, or industry standards and whether such training needs to be improved or upgraded.

Can Companies Obtain FCPA Compliance Training?

FCPA compliance training is an integral part of a company’s compliance program and demonstrates compliance with the FCPA.

Companies must take proactive steps to ensure that their personnel are following the guidelines of the FCPA. The best way to accomplish this is through FCPA compliance training.

FCPA compliance software is available for companies to purchase. This software provides company personnel with ongoing training sessions or modules on relevant FCPA topics. It also includes quizzes and certifications to demonstrate a required level of proficiency.

What is FCPA Compliance Training?

FCPA compliance training is a necessary component of a company’s compliance policy and best practices and is designed to safeguard a company against corruption risks by training personnel in the importance of anti-corruption.

The FCPA was passed in response to widespread instances of businesses who regularly engaged in bribing and gift-giving with foreign parties. Its goal was and continues to be focused on eliminating bribery and holding companies who engage in corruption accountable.

FCPA compliance training is meant to educate company personnel on the history of the FCPA and how to identify and respond to risks.

The Importance of FCPA Compliance Training

Anti-corruption training is critical because it provides a clear and easy to understand message to company personnel regarding the importance of guarding against bribery and corruption.

Company personnel are the most effective “internal control” a company has because it is often personnel that detects instances of corruption for the company to prompt rectify. Without personnel, corruption is more likely to go unchecked.

Therefore, it is incumbent upon companies to provide their personnel with relevant and up-to-date compliance training that makes personnel aware of corruption risks.

Training must emphasize the specifics of the FCPA, how to identify red flags, when to report instances of corruption or bribery, and the importance of protecting their company.

The SEC’s Enforcement Division and the DOJ’s Criminal Division’s Resource Guide to the U.S. Foreign Corrupt Practices Act sheds some light on training programs and advice for companies.

First, the Resource Guide makes clear that the SEC and DOJ will evaluate whether a company has implemented compliance policies on relevant topics such as personnel training and whether those policies are communicated throughout the company.

Second, such training should cover instruction on applicable laws, advice on real-world scenarios, and case studies. The training sessions should be presented in a manner that is consistent and targets the audience.

Third, a company’s training program should reflect its size and sophistication and underscore the need of providing guidance on how to comply with company ethics and compliance policies.

All the above measures, according to the SEC and DOJ’s Resource Guide, will help ensure that the company’s compliance policies are clearly understood and followed by all personnel and at all levels.

What is Included in FCPA Compliance Training?

Many topics are included in FCPA compliance training programs. Most will generally cover the following topics:

  • definition of the FCPA
  • definition of relevant terms such as “facilitating payment” or “foreign official”
  • warning signs or red flags of corruption and bribery
  • gift, travel, meals, entertainment, and other expenses, which are common instances of where corruption is demonstrated
  • consequences of failing to comply with the FCPA
  • easy to follow reporting mechanisms for personnel to report instances of corruption
  • the importance of an effective compliance policy and company-wide best practices
  • components of an effective FCPA compliance policy such as due diligence, risk assessment, upper management commitment, code of ethics, and internal controls
  • monitoring and recordkeeping requirements

This above list is only representative of the topics that are typically covered in a FCPA compliance training course.

Companies may find it desirable to add topics to their training sessions in order to reflect their business realities or specific needs.

What Vendors Offer FCPA Compliance Training?

The SEC and DOJ accredit training programs that offer FCPA training and meet certain standards.

For instance, one of the accredited training programs includes those offered by Interactive Services. Interactive Services offers Corporate Compliance Training Programs for companies. Its Anti-Bribery and Corruption Compliance Training offers instruction on the FCPA as well as other international anti-bribery training policies for all employees at all levels to help them understand their responsibility to protect their company against bribery and corruption risks.

There are other entities that also offer training courses for companies. Gan Integrity Inc. is a software company that offers multiple anti-corruption compliance training programs such as a training courses in the Foreign Corrupt Practices Act, Personal Data Protection, Cybersecurity, Fraud Awareness, and Antitrust / Competition Law.

Gan Integrity provides these courses in an E-learning format as a part of a training module from its GAN Connect platform.

For instance, GAN Integrity’s Anti-Corruption Training Course covers bribery, code of conduct, and gift-giving in order to increase company personnel awareness of corruption risks. The FCPA Training Course is more specific and covers the basics of the FCPA, including what it means to “facilitate payments.”

With these training courses, company personnel will gain a deep understanding of what constitutes bribery, what the company’s obligations with respect to third parties consist of, and how to make sure that any gifts, travel, entertainment, and other hospitality expenses do not transgress the FCPA.

Need Advice on FCPA Compliance Training?

FCPA violations can result in significant penalties and imprisonment as well as serious reputational harm.

It is critical for companies to understand the importance of proper training on anti-corruption and the benefits it provides for your business in the long run both in the eyes of the public and enforcement agencies.

If you need advice on FCPA compliance training implementation and how these training courses are consistent with DOJ compliance policies, give our FCPA team a call today.

At Oberheiden, P.C., our team of FCPA attorneys are ready to advise you on the evolving FCPA standards, how to adapt your training programs to internal and external business changes, and how to structure training consistently with DOJ policies.

Call us today or contact our office for a free consultation.

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