International Trade
FCPA + Anti-Corruption
Combatting global corruption is a top priority for the U.S. Government, specifically, the U.S. Department of Justice, and its enforcement of the Foreign Corrupt Practices Act (FCPA) is its primary method of doing so. Consistent with a focus on the sale of goods and services overseas, Fluet attorneys regularly advise U.S. foreign principals on the FCPA.
Regardless of industry or operating environment, the Fluet International Trade team helps clients develop effective, long-term business practices that are FCPA-compliant and implement policies and preventative measures that ensure overseas transactions are conducted lawfully. Additionally, our attorneys routinely leverage the firm’s expertise in negotiating complex transactions to design anti-corruption strategies that are both sophisticated and practical.
Drawing on decades of experience in international trade and transactions, litigation, and regulatory compliance, Fluet guides clients in all things FCPA and Anti-Corruption by:
- Developing sophisticated and reliable anti-corruption programs.
- Training employees, directors, consultants, and local representatives on how to conduct business overseas without running afoul of the FCPA’s anti-bribery provisions.
- Determining whether overseas payments are unlawful and develop alternative arrangements that are FCPA-compliant.
- Drafting “international party questionnaires” for customers, partners, consultants, vendors, subcontractors, and local representatives that are designed to reveal “red flags.”
- Conducting due diligence on investors, acquirers, sellers, and partners to detect unlawful business practices.
- Conducting internal investigations and audits to determine whether corrupt payments have been made.
- Advising investors and acquirers on an acquisition target’s compliance with the FCPA.
- Properly disclosing to government authorities evidence of corruption.
- Responding to inquiries by the Department of Justice’s Fraud Division and the Securities and Exchange Commission’s Enforcement Division.
- Defending against allegations of corrupt payments and/or improper accounting practices.
