FCPA Compliance in Latin America 2022: Implementing Compliance Programs and Mitigating Legal Risks
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Wednesday, February 16, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide lawyers and compliance professionals for U.S. companies doing business in Latin America on implementing and strengthening Foreign Corrupt Practices Act (FCPA) compliance programs. The panel will review recent government enforcement focused on Latin American operations and the unique FCPA challenges when doing business in these countries.
Mr. Holtmeier co-leads the firm's FCPA and Anti-Corruption Group and is a member of the Dodd-Frank Whistleblower Working Group. He represents institutions and individuals in complex government and internal investigations and matters of corporate governance and compliance with particular expertise in matters involving the FCPA. He regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and he has assisted clients in numerous industries in developing and implementing FCPA compliance programs. He devotes substantial attention to advising clients on FCPA problems that arise in the context of mergers and acquisitions, joint ventures and other corporate transactions.
Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a focus on the Americas, he advises companies and individuals on all areas of FCPA enforcement and compliance. He has performed complex, independent, and on-site internal investigations in over 20 countries throughout the Americas, Asia, Europe, and Africa.
Mr. Cáceres Pinedo is a member of Newmont’s Corporate Business Integrity and Compliance Team with extensive experience in the mining industry in South America. As part of his role, he manages those responsible for Newmont’s Business Integrity and Compliance Program in Australia, Argentina, Canada, Ghana, Mexico, Peru, United States, and Suriname and develops policies, provides training, and conducts investigations. Newmont is one of the world’s leading gold producers, and an industry leader in safety and sustainability. Newmont is a founding member of the Partnering Against Corruption Initiative.
The SEC and DOJ continue their efforts to enforce the Foreign Corrupt Practices Act (FCPA) with U.S. and foreign companies doing international business. Recent FCPA cases involving business activities in Latin American countries underscore the need for companies to implement or strengthen their compliance programs in response to increased scrutiny of U.S. companies' dealings with overseas officials.
Since the pandemic, many cases have been investigated and resolved by U.S. regulators involving companies operating in Latin America. For example, In late 2020, São Paulo–based conglomerate J&F pleaded guilty to a conspiracy charge for violating the FCPA and agreed to pay a $256 million fine. Further, Vitol Inc. agreed to pay a combined $135 million to resolve a DOJ investigation into FCPA violations along with a parallel investigation in Brazil.
As U.S. businesses move more aggressively into emerging markets throughout Latin America, counsel must act to ensure companies’ personnel and third parties in Latin America avoid violating U.S. laws or fall prey to a "when in Rome" attitude and its potentially costly consequences.
Listen as our authoritative panel discusses the risks of FCPA violations in Latin America and the lessons learned from recent enforcement actions. The presenters will outline best practices for mitigating the risk of FCPA violations.
- Enforcement/lessons learned from recent government actions
- Risk factors for doing business in Latin America
- Latin American business culture/practices
- Broad definition of foreign official
- Exposure to third parties' FCPA violations
- Regional anti-bribery laws/local laws
- Reach of the FCPA
- Anti-corruption developments in Latin American countries
- Mitigating FCPA risks
- Compliance program: anti-bribery and accounting provisions
- Strengthening an existing compliance program in response to heightened scrutiny
- Education/training adapted to local conditions
- Due diligence: all third parties
- Steps if misconduct is suspected
The panel will review these and other key issues:
- What risk factors for companies conducting business in Latin America make them more vulnerable to FCPA violations?
- What conduct has triggered SEC and DOJ investigations into potential FCPA violations?
- What are the critical lessons from recent SEC and DOJ enforcement actions against companies doing business in Latin American countries?
- What are best practices for anti-corruption compliance programs and due diligence efforts?
