Webcasts & Speaking Engagements

The FCPA's Exception and Affirmative Defenses

James Parkinson spoke in the Strafford webconference, "The FCPA's Exception and Affirmative Defenses: Complying with the Requirements for Gifts, Hospitality, and Facilitation Payments" at 1pm EST on December 21. This webinar provided guidance to counsel for U.S. Companies conducting business internationally on navigating the facilitation-payment exception and affirmative defenses under the FCPA in order to avoid violations and penalties.

The Foreign Corrupt Practices Act includes an exception for facilitation payments and affirmative defenses for payments to officials related directly to the promotion, demonstration or explanation of products or services that are reasonable and bona fide. Proper use of the exception and affirmative defenses is challenging and confusing. With increased government focus on FCPA enforcement, companies doing business outside the U.S. must take extra precautions when making such payments to ensure strict compliance. Counsel must thoroughly understand the requirements of the exception and affirmatives defense to advise companies and clients on effective policies and procedures that will provide a safeguard against FCPA liability. Listen as our authoritative panel examines the scope of the exception and affirmative defenses, reviews DOJ guidance, discusses lessons learned from recent enforcement actions, and offers strategies to mitigate risk and meet the requirements when applying the FCPA exception and affirmative defenses.