Foreign Corrupt Practices Act

International expansion can be great for your business, but foreign operations come with some risk. The risks caused by foreign corruption can affect, significantly and adversely, your operations, plans, and reputation. Arnall Golden Gregory’s Foreign Corrupt Practices Act team works with businesses to identify, analyze, and mitigate risks under the Foreign Corrupt Practices Act (FCPA).

There is no effective “one-size-fits-all” solution to mitigating FCPA risk. We offer practical, business-sensitive, and specific FCPA compliance advice that takes into account a company’s size, scope of operations, target jurisdictions, and points of corruption risk. Our practice proactively addresses FCPA compliance needs by developing and updating risk-based compliance programs and processes to both maximize business opportunity and minimize FCPA risk. We help companies understand and fulfill their FCPA compliance obligations through such compliance programs, and by providing practical FCPA compliance training.

In addition, our FCPA team provides transactional due diligence support on FCPA risks, with a focus on mergers and acquisitions, and advises companies on mitigating FCPA successor liability risk. We also build effective contractual mechanisms into international commercial agreements to help protect against FCPA risk exposure. Our team also advises on the effective screening of third party agents and distributors. AGG’s FCPA team also counsels non-U.S. businesses on the FCPA compliance obligations created by expansion to the U.S. market.

Whether as part of a compliance program’s upkeep, or in response to a government request, we draw on the team’s collective experience in conducting FCPA-related internal investigations and representing clients before the U.S. Department of Justice and U.S. Securities and Exchange Commission. We also have advised clients on the Justice Department’s FCPA Opinion Procedure, voluntary disclosures of FCPA violations to the Justice Department, and settlement of FCPA proceedings through deferred prosecution agreements, non-prosecution agreements, and similar mechanisms.

Prior to joining AGG, some FCPA team members conducted significant public corruption investigations and prosecutions, including bribery, fraud, conflicts of interest, concealment of assets, and false statements, including in required financial disclosure forms. Further, FCPA team members have participated in parallel U.S. government agency investigations. Members of our FCPA team have helped create effective anti-corruption frameworks for public servants in jurisdictions including Ukraine, Vietnam, and Nepal.

With a number of former Assistant United States Attorneys, as well as transactional attorneys with experience in more than 40 jurisdictions, including China, Russia, India, and Brazil, Arnall Golden Gregory’s FCPA team can analyze your FCPA risk from multiple vantage points. In today’s stringent regulatory environment, your best defense and mitigation strategy is to develop a strong corporate compliance culture that prevents FCPA cases. With that strategy, we will help clients maximize their potential through international expansion.