FCPA and UK Bribery Act Risk Assessments: Identifying and Mitigating Corruption Risk, Ensuring Compliance

U.S. companies doing business in the UK must take anti-corruption policies and compliance programs seriously. The FCPA Guidance stated “Assessment of risk is fundamental to developing a strong compliance program, and is another factor DOJ and SEC evaluate when assessing a company’s compliance program.”

Companies should perform a risk assessment to identify gaps and measure the risks of noncompliance. Assessment results guide counsel in mitigating risk and developing a plan to ensure compliance with the FCPA and UK Bribery Act.

With U.S. and UK government scrutiny on anti-corruption compliance, U.S. companies should take steps now to identify and address vulnerabilities with respect to both countries’ laws.

Listen as our authoritative panel reviews the essential components of an effective risk assessment, identifies troublesome FCPA and UK Bribery Act compliance issues, and offers strategies for overcoming risk assessment challenges and executing an effective and cost-efficient risk assessment.

1. Importance of anti-corruption risk assessments
   1. FCPA/U.S. Sentencing Guidelines
   2. UK Bribery Act
   3. Goals of risk assessment
2. Conducting the risk assessment
   1. Who conducts it?
   2. How its conducted?
   3. Establishing the appropriate scope and work plan
   4. Tailoring the assessment to specific industry sectors and risks
   5. How to handle the results
3. Strategies to overcome challenges and remediate findings
   1. Common challenges
   2. Effective methods for overcoming challenges
   3. Dealing with the results

The panel will review these and other key issues:

• How a risk assessment can identify and mitigate potential corruption vulnerabilities
• Essential components of an FCPA or UK Bribery Act risk assessment
• Steps that should be taken to execute a cost-efficient assessment
• Tactics to overcome challenges and remediate findings