Book Description

Doing business overseas means learning new ways of negotiating. It also means understanding when an accepted and even expected "gift" to the other party will be considered a bribe under the U.S. Foreign Corrupt Practices Act (FCPA). The new second edition of Doing Business Under the Foreign Corrupt Practices Act gives you that vital legal and procedural information. This comprehensive reference helps you to: -Develop internal compliance programs that detect and prevent illegalities -Spot cautionary "red flags" and sidestep potential legal pitfalls in planned business steps -Draft compliant business agreements and contracts using included model contract provisions -Satisfy FCPA's complicated accounting standards, and -Avoid RICO violations, wire and mail fraud, and other legal missteps. Over the past few years, the number and size of recoveries under the FCPA have significantly grown. In addition, the whistleblower provision in the Dodd-Frank Act increases potential recoveries for actions before as well as after the effective date of the Act. Doing Business Under the Foreign Corrupt Practices Act, Second Edition provides you with all of the latest enforcement actions, reminding companies and their counsel of the harsh penalties for falsified books and records, mischaracterized payments, fictitious invoices, insufficient internal accounting controls, and other charges. Doing Business Under the Foreign Corrupt Practices Act, Second Edition contains chapters on recurring issues and hypothetical case studies. It is filled with a variety of sample model contract provisions and contains a model compliance program. The new second edition discusses in detail the factors to consider in determining whether an entity is an instrumentality of a foreign government; the updated and strengthened Rules for Combating Corruption issued by the International Chamber of Commerce; and a discussion of the activities of the Asian Development Bank, which was the first multilateral development bank to adopt a policy on governance. This treatise is an invaluable handbook for in-house and outside corporate counsel, corporate executives and managers, and anyone who is responsible for business relationships with overseas partners or customers.