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In 2012 the Criminal Division of the US Department of Justice and the Enforcement Division of the Securities and Exchange Commission jointly published "A Resource Guide to the US Foreign Corrupt Practices Act," which contains informal guidance regarding compliance with the FCPA. Publication of the Resource Guide is viewed by many as an important development for purposes of FCPA compliance. The Resource Guide provides clear information for US companies and individuals operating overseas, and non-US companies and individuals with exposure to US jurisdiction, regarding key issues such as gift giving to and entertainment of foreign government officials and the maintenance of adequate books and records. However, the Resource Guide does not purport to be a road map for a tailored compliance program and it does not address all aspects of FCPA liability.
Three professionals with extensive experience of advising on FCPA compliance and conducting investigations will discuss the Resource Guide and what it means for China, where anti-corruption initiatives are now center-stage for the new Chinese regime. They will be joined by an in-house compliance specialist, who will assess the impact of the changing anti-corruption environment on businesses operating in China.
