2-Day Virtual Seminar

Fighting Corruption - the FCPA, Anti-Bribery Act, and OECD compliance

BY: Richard Barr, Operational Risk & Back Office Specialist
BY: Stanley Epstein, Principal Associate and Director, Citadel Advantage Ltd

Virtual Training Through WebEx
Various parts of the country are still battling the Coronavirus (COVID-19), we will conduct the class 100% online.

Coming soon.. Please contact customer care for new schedule
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In recent years, scores of economies, from Britain to Brazil have followed America’s lead in tightening anti-bribery enforcement. Offences that once drew a mere reprimand now attract fines that run into hundreds of millions of dollars together with long prison terms for offending employees and managers.

Bribery directly damages your business and your reputation. However your business is not the only victim. The wider losers are the government and the larger society, both of whom are severely undermined by the weakened rule of law and damaged economic and social development. As such, Governments are making anti-corruption programs an integral part of compliance.

All firms, corporate or other need to have an effective compliance program wherever they operate and in whatever industry they operate in.

This two-day intensive training course is a practical look at corruption, current anti- corruption practices and how to effectively comply at a level that equips participants with both a clear definition and guidelines as to how this scourge can be fought, as well as a set of detailed issues and checklists to help make setting up your own anti- corruption program doable.

Learning Objectives:

The objectives of this training course is to provide all staff, irrespective of whether they work in the front-, middle- or back-office, with a sound foundation how to recognize corruption and comply with anti-corruption standards. This training is provided in a practical “hands-on” manner that allows them to implement what they have learned easily and effectively the minute they return to the office.

This course provides a complete structured package for learning in all main aspects of the subject of fighting corrupt practices. It will enable participants to prepare and manage the planning and implementation of the necessary control processes in their bank/ financial institution or firm.

  • What corruption is and how to recognize it
  • How to set up your own anti-corruption program and ensure compliance with both regulation, as well as international conventions
  • Red Flags and other warning signs that point to corrupt practices
  • How to implement a process that will allow you to continually improve your anti-corruption measures without overwhelming your organization
  • Steps you can take to better understand your global corruption risks
  • The need for ongoing risk assessments and review
  • Why third-party due diligence can make or break your program
Who will Benefit:

This practical hands-on training course is designed for all businesses both large and small. The following job titles/ positions will benefit from participating;

  • Ethics & Compliance Executives/Managers
  • General / Corporate Counselors
  • Corporate Legal Executives/Managers
  • Business Division Managers
  • Branch and Regional Management
  • Supply chain and procurement directors, managers and their staff
  • Board members, especially risk and audit committee chairs and members
  • Heads of market, credit, and operational risk
  • Head of Risk Management
  • Risk Officers
  • Compliance Officers
  • Audit Officers
  • Financial Officers
  • Auditors (External & Internal)
  • Risk management consultants
Day 01(9:00 AM - 12:00 PM PDT)
  • 9.00 AM: Session Start
  • What is corruption?
    • The corruption problem
    • Understanding corruption
    • Dealing with corruption
    • Current worldwide trends
    • Bribery and corruption risk indicators
    • Solving the corruption problem
  • How is corruption fought?
    • US Foreign Corrupt Practices Act (FCPA)
      • What the FCPA prohibits
      • What makes up a violation
    • OECD Anti-Bribery Convention
      • What the convention covers
    • UK Anti-Bribery Act
      • What the act covers
  • How Do You Recognize Corruption?
    • Corruption defined
    • Most common types of corruption acts
    • Conditions that facilitate corruption
    • How can you combat corruption
  • Compliance/ Bribery Red Flags
    • General red flags
    • Transaction specific red flags
    • Payment red flags
  • The Six Principles for Combating Bribery
    • Proportionate procedures
    • Top level commitment
    • Risk assessment
    • Due diligence
    • Communication and training
    • Monitoring and review
  • We will examine each of these principles in detail and explore and discuss the key components of each as well as the sub-issues that need to be addressed. The section will include detailed procedures for meeting the principles.

  • Creating an Effective Anti-Corruption Program
    • A practical approach to creating an effective anti-corruption program
    • Why is a compliance program important
    • Components of a compliance program
    • A timeline for a sustainable program
  • A Practical ‘How To’ Program
    • Hands-on guidance on what companies should consider and include in their compliance programs to ensure that their international partners, agents, consultants, and subsidiaries comply with the law.
      • Consultant due diligence review
      • What should be investigated
      • Due diligence information sources
      • Agreement preparation
      • Consultant information package
      • Internal payment controls
      • Protocols, procedures, education and training
      • Internal audit review
  • Participants are provided with detailed checklists of the key issues that have to be addressed.

    Government contracting is growing less competitive, and often more corrupt. This case-study takes a closer look at a range of EU countries together with a view of the popular scams currently in operation.

Day 02(9:00 AM - 12:00 PM PDT)
  • Illustrative Case Studies
    • Application of the ‘six principles’ through a comprehensive series of illustrative case studies. These studies clearly show how the various aspects of the ‘six principles’ are applied in practice.
    • The illustrative case studies will cover:
      • Facilitation payments
      • Proportionate procedures
      • Joint ventures
      • Hospitality and promotional expenditure
      • Assessing risks
      • Due diligence on agents
      • Community benefits and charitable donations
      • Top level commitment
    • Each case study will involve a detailed group discussion as to the potential solution followed by the presentation of detailed step-by-step procedures.
  • A Global Compliance Checklist
    • We will cover, in detail, the key questions/ issues that a company should consider when putting a global anti-corruption regulatory enforcement strategy in place.
  • Siemens Case Study

      German based Siemens AG is regarded as Europe’s largest engineering conglomerate owing to their diverse range of services and products. It employs over 400,000 people worldwide, working in three main business sectors, Healthcare, Energy, and Information Technology. Most recently it has diversified into the Environmental Industry. With Siemens wide scale scope and diverse business activities, it has in recent years, found it difficult to monitor and regulate its corruption levels.

      This case study examines the corruption scandal and the steps that Siemens subsequently took to recover from this disaster.

  • Avon Case Study

      It all began back in May 2008, when an employee from Avon’s China business unit sent a letter to the head of the company alleging the China entity had engaged in bribery and corruption. In October 2008, Avon reported, in a Statement of Voluntary Disclosure, that it was investigating an internally reported allegation by an undisclosed whistleblower that corrupt payments had been made in its China operations. These allegations claimed that certain travel, entertainment and other expenses might have been improperly incurred.

  • JP Morgan Case Study

      In November 2016 J P Morgan agreed to pay $264m to settle breaches under the US Foreign Corrupt Practices Act.

      JPMorgan employees had known that the firm was potentially violating the FCPA yet persisted with their improper hiring program of the children of prominent Chinese officials because the business rewards and new deals were deemed too lucrative

Richard Barr
Richard Barr, Operational Risk & Back Office Specialist

Richard holds a B.S. in International Business Administration from San Jose State University in California. His professional experience spans over 30 years. The first 5 years were spent with Wells Fargo Bank. Another 5 were spent honing his global banking skills, when Richard was intimately involved with International Trade Finance, Real Time Gross Settlement and International Payments, Cross Border Banking.

Richard then repositioned into the private and high-tech sectors providing high-level consulting services, business analysis, project management and training to a wide range of banking clientele across the globe.

He has spent extensive time servicing a diversity of corporates and “financial institutional” clients, in China, Singapore, Hong Kong, Philippines, Korea, Malawi, Ghana, Nigeria, Kenya, South Africa, Poland, Sweden, Ireland, Netherlands, Greece, United Kingdom, Norway, Georgia, Bermuda and across North America. Clients that Richard has trained & consulted to include with such notable firms as ANZ Bank, AIB Bank, Eurobank, ABSA Bank, CitiBank, Swedbank, IBM, Montran and Fundtech, as well as many others.

Richard has also filled the role of advisor to ministries of finance, central banks on risk management, corporate governance, cash management, payment systems and technical payment and risk issues. Furthermore, key staff members from the Georgia Ministry of Finance, Bank of England, South African Reserve Bank, Central Bank of Ireland, Bank Indonesia, European Central Bank, Norgesbank, Central Bank of Kenya, Central Bank of Tanzania and Bank of Portugal have attended training sessions presented by Richard.

Stanley Epstein
Stanley Epstein, Principal Associate and Director, Citadel Advantage Ltd

Stanley is a Principal Associate and Director of Citadel Advantage Ltd., Since 2001 Citadel Advantage has been working with banks and financial institutions to make them safer and more profitable, through consulting and training, specifically in the key areas of Governance, Risk Management and Compliance.

Stanley has over 40 years of banking and IT experience, 33 of which were with the Standard Bank of South Africa where during the 1990s he filled an industry level role holding several key positions including that of Chairman of the PASA Risk Committee. He also represented South Africa at two sessions, in New York, of UNCITRAL (the United Nations Commission on International Trade Law).

He holds a Master Degree in Economics and a Bachelor of Commerce (BCom.) degree, both from the University of South Africa, Pretoria.

Stanley has had extensive exposure to banking practice and banking operations in a number of countries including the USA, United Kingdom, South Africa, Israel, Europe and Australia. He has also acted as advisor to a number of central banks on payment systems, oversight, policy and payments risk issues.

More recently, he spent time in the high-tech sector as a payment systems designer and consultant to a global payments software developer.

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