Business Law Monographs, Volume I1--Complying with the Foreign Corrupt Practices Act
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Business Law Monographs Volume I1, Complying with the Foreign Corrupt Practices Act explains in detail the measures that must be taken by any corporation with foreign operations and the additional record-keeping requirements for publicly held companies under the United States Foreign Corrupt Practices Act (FCPA). Compliance with the FCPA is more important now than ever for U.S. companies doing business abroad and foreign companies traded on United States exchanges, with record-breaking penalties for corporations, a spike in the number of prosecutions of individuals, and repeated signals from the senior-most enforcement officials that FCPA enforcement is a high priority. This volume of our Business Law Monographs set contains a comprehensive analytical text with practical tips and advice, plus the forms and source materials you and your clients need to ensure you are complying with the FCPA.
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Table of Contents
Division I: TEXT
Chapter 1 Introduction
Overview of the two sets of provisions in the FCPA (antibribery and accounting) and the FCPA's enforcement structure.
Chapter 2 The Antibribery Provisions
Antibribery provisions in detail, including exceptions and affirmative defenses.
Chapter 3 Accounting Provisions
Accounting provisions in detail.
Chapter 4 Recurring Issues under the Antibribery Provisions
In-depth discussion of recurring issues and practical guidance for dealing with them.
Chapter 5 FCPA Issues in Mergers and Acquisitions
Issues that arise specifically in the context of mergers and acquisitions and practical guidance for dealing with them.
Chapter 6 Instructive Hypotheticals under the FCPA (The Adventures of Big Dig Mining, Inc.)
Detailed hypothetical situations to illustrate frequent real-world problems with solutions and practical strategies.
Chapter 7 Recent Developments Under the FCPA
Discussion and analysis of recent developments in enforcement and penalties
Chapter 8 The Enforcers Speak
A series of insightful discussions with DOJ and SEC officials.
Chapter 9 Compliance
Key elements of successful corporate compliance programs and how to craft them.
Chapter 10 The Department of Justice Review Procedure
Discussion of the DOJ Opinion Review Procedure and how to best use it for advisory opinions on contemplated transactions.
Chapter 11 Related U.S. Statutes
Other U.S. statutes relevant to FCPA compliance.
Chapter 12 International Anti-Corruption Laws and Treaties
Practical discussion of international anti-corruption laws and treaties.
Division II: FORMS
Form I1-1 FCPA Policy
Form I1-2 Due Diligence Checklist
Form I1-3 Suggested FCPA Provisions for Contractual Agreement with Foreign Consultant or Agent
Form I1-4 Suggested Representations and Warranties By Parties to Joint Venture Agreement
Form I1-5 Suggested Annual FCPA Compliance Certification for Foreign Consultant
Form I1-6 Outline of Request for FCPA Opinion re: Proposed Joint Venture
Form I1-7 Sample Corporate Ethics Policy Regarding Improper or Questionable Payments
Form I1-8 Suggested Annual FCPA Compliance Certification for Employees
Form I1-9 Suggested Annual FCPA Compliance Certification for Agents
Form I1-10 Sample FCPA Financial and Accounting Directives
Division III: SOURCE MATERIALS
Item I1-i1A Foreign Corrupt Practices Act: Antibribery Provisions (Issuers)
Item I1-i1B Foreign Corrupt Practices Act: Antibribery Provisions (Issuer Penalties)
Item I1-i1C Foreign Corrupt Practices Act: Antibribery Provisions (Domestic Concerns)
Item I1-i1D Foreign Corrupt Practices Act: Antibribery Provisions (Persons Other Than Issuers Or Domestic Concerns)
Item I1-i2 Foreign Corrupt Practices Act: Accounting Provisions
Item I1-2A Foreign Corrupt Practices Act: Accounting Provisions
Item I1-i2B Foreign Corrupt Practices Act: Accounting Provision Penalties
Item I1-i3 Securities and Exchange Commission Rules Under the FCPA Accounting Provisions
Item I1-i4 Foreign Corrupt Practices Act Opinion Procedure
Item I1-i5 Department of Justice FCPA Opinion Procedure Releases
Item I1-i6 Public International Organizations Covered by the Foreign Corrupt Practices Act
Item I1-i7 United Nations Convention Against Corruption
Item I1-i8 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
Item I1-i9 Inter-American Convention Against Corruption *
Item I1-i10 Criminal Law Convention on Corruption
Item I1-i10A Civil Law Convention on Corruption
Item I1-i11 Civil Law Convention on Corruption
Item I1-i12 Transparency International Bribe Payers Index 2007