FCPA Compliance Report

By Thomas FoxBusiness News News Commentary Business News

FCPA Compliance Report episodes

February 25, 2022Matt Silverman on Preparing for Potential Sanctions Against Russia
In this episode of the FCPA Compliance Report, I am joined by Matt Silverman, Director of Trade Compliance at VIAVI. In Part 1, we considered the potential U.S. sanctions if Russia invades Ukraine. In this Part 2, we discuss what you can do to prepare for such an eventuality. Highlights in include:
First, ascertain your exposure and consider how some or all of these actions would impact your business.
Check your sanctions screening policies and procedures and check your customers and business partners in real time against global sanctions lists.
Identify all of your contracts with Russian entities or individuals and review your contracts for compliance with law clauses, notice clauses, and termination provisions.
Know your customer.
Identify what, if any, items, or technology you are exporting to Russia and any transactions with Russian entities that have ongoing or continuing obligations.
Take a look at your supply chain to avoid business interruption.
Identify whether you have any outstanding debts from Russian entities or individuals, and, if so, promptly purse collection activities.
Identify any procurement or manufacturing activities for goods intended for Russia and consider whether you can safely postpone or delay those activities, especially if you are dealing with specially designed or non-fungible goods (without breaching any contracts or risking failure to meet deadlines).
Resources
Matt Silverman on LinkedIn

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33 min
February 21, 2022Matt Silverman on Potential Sanctions Against Russia
In this episode of the FCPA Compliance Report, I am joined by Matt Silverman, Director of Trade Compliance at VIAVI. In this Part 1 of a special two-part podcast series, we look at issues related to potential sanctions against Russia, Russian individuals and Russian interests if Russia invades Ukraine. In Part 2, we will discuss what you can do to prepare for such an eventuality. Potential sanctions we review in this episode ininclude:
Impose a comprehensive or near-complete embargo of Russia.
Impose additional sectoral sanctions on certain Russian industries.
Prohibit exports of certain items or technology to Russia.
Designate Russian entities under the Foreign Direct Product Rule.
Add specific Russian entities or individuals to OFAC’s Specially Designated Nationals and Blocked Persons List (“SDN”).
Prohibit Russian entities from accessing the U.S. financial system/using U.S. dollars and/or sanctioning foreign banks that conduct transactions with sanctioned Russian entities.
Prohibit U.S. persons or entities from investing in Russian companies, requiring divestment, and/or sanctioning foreign entities that buy Russian government bonds.
Impose “secondary sanctions” on entities or individuals that conduct certain transactions with Russia.
Freeze Russian assets located in the U.S.
Ban U.S. financial assistance to Russian entities.
Withhold U.S. aid to any organizations that assist Russia.
Prohibit imports and/or impose high tariffs on specific Russian imports.
U.S. State-Level Sanctions: States may enact laws that prohibit business with, or require divestment of shares in, firms that conduct certain transactions with Russia.

Resources
Matt Silverman on LinkedIn

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25 min
February 14, 2022James Koukios on the MoFo November Int’l Anti-Corruption Newsletter
In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we consider some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for November 2021. Highlights of this podcast include:
OECD Updates Recommendation for Combatting Foreign Bribery
Federal District Court Dismisses FCPA and Money Laundering Charges Against Swiss Wealth Manager
SEC Reports Surge in Whistleblower Tips and Awards
Former Coal Executive Pleads Guilty to Egyptian Bribery Scheme
Adoption Agency Manager Pleads Guilty to Uganda Bribery Scheme
Resources
James Koukios on the MoFo website
November International Anti-Corruption Newsletter here

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28 min
February 07, 2022 James Koukios on the Monaco Speech
In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we take a deep dive into the Lisa Monaco speech from October and related remarks from other DOJ representatives about the DOJ refocus on white collar enforcement and related issues. Highlights of this podcast include:
·       Who is the DAG and what does that position entail?
·       Reinstatement of Yates Memo.
·       Does this change an investigation focus?
·       The new focus on culture and how do you assess corporate culture?
·       What about reports of all violations, enforcements and even investigations even is outside FCPA?
·       What are the implications of this change?
·       How will all this work with current FCPA Corporate Enforcement Policy?
·       The revocation of Benczkowski Memo. What are the implications?
·       The new focus on monitorships?
·       What about recidivists or those who fail to meet the obligations of their DPA/NPA?
Resources
James Koukios on the MoFo website.

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37 min
January 31, 2022Mike DeBernardis on Compliance Developments from Q4 2021
In this episode of the FCPA Compliance Report, I am joined by fan favorite Mike DeBernardis, partner at Hughes Hubbard. In this episode we look at compliance and temporal timeline developments from Q4 2021. Highlights of this podcast include:
A deep dive into the Lisa Monaco speech, how it impacted the compliance temporal timeline whether it was a change or recalibration.
Anti-Trust developments.
The Biden Administration Strategy on Countering Corruption?
Compliance in 2022 and moving forward.

Resources
Mike DeBernardis on HughesHubbard website.

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37 min
January 24, 2022Andrew Neblett and Brian Beeghly Join Ethisphere
In this episode of the FCPA Compliance Report, I am joined by Andrew Neblett and Brian Beeghly, co-founders of Informed360 who recently joined forces with Ethisphere. Highlights of this podcast include:
Tells us about Informed360 platform
Why did you decide to join Ethisphere?
How will the Informed360 solution be integrated into the Ethisphere offering(s)?
As a combined company how will this improve compliance offerings?
How will you be able to take data and provide insights for enhancement of compliance programs?
Their roles at Ethisphere moving forward.
Resources
Check out the upcoming webinar Turning Ethics and Compliance Insights into Action. Register at Ethisphere.com/events

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32 min
January 17, 2022Gordon Firemark on Legal Developments in Podcasting
In this episode of the FCPA Compliance Report, I am joined by Gordon Firemark, from the Firemark Law Firm. Gordon was one of the first lawyers working on the legal side of podcasting. He returns to update us about legal developments in the world of podcasting, how the podcast market has developed and what is new at Firemark Law. Highlights of this podcast include:
What’s new in the legal world for podcasters?
What are the key legal risks podcasters need to think about?
How have you seen the podcast market develop?
Where to you see the market going?
What’s new at Firemark Law?
Resources
Firemark Law Firm

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25 min
January 10, 2022Mike Volkov on FCPA Enforcement and Compliance from 2021 and into 2022
In this episode of the FCPA Compliance Report, I am joined by Mike Volkov to take a look back at FCPA enforcement and compliance from 2021 and prognosticate to where it may be going in 2022. Highlights of this podcast include:
Three FCPA enforcement actions.
DAG Lisa Monaco’s October Speech to the ABA White Collar Defense Conference.
The Biden Administration’s Strategy on Countering Corruption.
Where will FCPA enforcement head in 2022.
Where will ABC compliance go in 2022?
Resources
Tom in the FCPA Compliance and Ethics Blog
FCPA Year in Review
Compliance Year in Review

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21 min
January 03, 2022Karen Woody on JPMorgan and Nikola SEC Enforcement Actions
In this episode of the FCPA Compliance Report, I am joined by Professor Karen Woody. We discuss the recent SEC enforcement actions involving JPMorgan and Nikola which were announced in December 2021. Highlights of this podcast include:
Background on both cases.
Why was the SEC so excised with JPMorgan?
What are the broader lessons for the Compliance Professional?
Compliance Consultant or Monitor or both?
Nikola and the trouble with SPACs?
What is the intersection of puffing, faking it til you make it and illegal conduct?
SPACs and Due Diligence.
Could Nikola change the SEC approach to SPACs?
From visionary to founder to CEO of a public company?
The shadow of Elizabeth Holmes?
Resources-Tom on the FCPA Compliance and Ethics Blog
JPMorgan
Nikola

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25 min
December 27, 2021John Katsos - Due Diligence in Conflict Zones
In this episode of the FCPA Compliance Report, I visit with John Katsos, Assistant Professor and Scholar at American University of Sharjah. John has researched and performed due diligence in conflict zones in the Middle East and Africa. He was part of a research team that published a series in the Big Idea section of the Harvard Business Review entitled Preparing for the Era of Uncertainty, which is a must read for every compliance professional. He brings a unique perspective to a variety of compliance topics. Highlights of this podcast include:
Academic and professional background.
Why due diligence in conflict zones so difficult?
What are some of the important differences in performing DD in conflict zones?
What are some keys to successfully performing DD in conflict zones?
Key lessons you observed on DD in Cyprus?
Where did you come up with the idea for this series of articles, Preparing for the Era of Uncertainty?
A discussion of each article in the series.?
What is it like teaching anti-corruption and other forms of compliance outside the US?
How do you see your work tying into a broader ESG discussion?
How does climate change and migration across borders influence your thinking?
Resources
Preparing for the Era of Uncertainty-Harvard Business Review
John Katsos website, including some great research and papers
John Katsos LinkedIn profile

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41 min

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