FCPA –Anticorruption Regulations
When companies do business internationally, they are inevitably exposed to international corruption risks.
In view of that, there are several international regulations – in many cases, they also exist in Latin America and locally – which prohibit bribe payments, impose sanctions on corruption events and demand companies to have adequate mechanisms to ensure corruption prevention, detection and effective combatting.
One of these regulations is the FCPA (Foreign Corrupt Practices Act), an American law against bribery and foreign corrupt practices which forbids American companies or companies operating in the US to pay, deliver gifts or offer personal favors to foreign government officials in order to obtain businesses.
Our team of investigators has ample experience in anticorruption regulations and, specifically, on the FCPA as well as other Latin American legislation.
WE can assist companies in:
Preventing corruption risks by:
Developing and implementing Anticorruption Programs which comply with local and international standards.
Providing training to the staff and the value chain.
Developing ethics or conduct codes as well as compliance policies and procedures.
Assisting the companies in implementing a risk management system derived from its related third parties.
Periodically controlling and monitoring its Related Third Parties (customized Due Diligence, globally).
Auditing the implementation if its Compliance Program under the FCPA and /or any other local anticorruption regulations in Latin America.
Performing a Due Diligence check over foreign potential business partners subject to FCPA risk.
Making specific Due Diligence checks in mergers and acquisition cases.
Detecting corruption cases and correcting controls by:
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Developing corporate investigations under specific FCPA standards and/or other applicable regional anticorruption regulations.
Gathering evidence through the use of Forensic IT & Electronic Recovery of deleted data, in order to protect the custody chain.
Interviewing denouncers (whistleblowers).
Interviewing all subjects involved.
Analyzing information through the use of forensic accounting techniques.
The information is collected ensuring the chain of custody to validate findings as evidence in case they are required for judicial presentation.
If necessary, our team can give testimony in a court of law.