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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

Anti-Corruption Compliance for the Construction Industry (CCL161B)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Jay H. Perlman
  • Conference Date
    Wed, January 27, 2016
  • Length
    60 minutes

Risk Mitigation Strategies for Contractors to Avoid Accusations of FCPA Violations

Over the past few decades the U.S. construction industry has morphed from local or regional contractors to national or even global contractors. Many U.S. contractors are now bidding and performing work internationally. Contractors that grew from local to regional firms to national firms learned, sometimes painfully, how to compete in this larger arena. For those construction firms that jumped into the international marketplace such a transition led to yet another learning experience. Some of them being herculean tasks such as: bidding in foreign markets; teaming with local contractors, suppliers, and material men; arranging for local labor; sending trusted employees overseas often for the first time and/or employing foreign expatriates; learning about foreign laws, regulations, customs, and building codes; and competing against local and/or other international contractors.

That's not all. U.S. contractors working abroad also have to face some U.S. laws that follow them overseas. Among these U.S. laws is the Foreign Corrupt Practices Act (FCPA) enacted in 1977 that includes a number of legal prohibitions and some large penalties should a U.S. contractor be found guilty of violating the statute. Additionally, there are similar statutes in other countries that U.S. contractors working abroad must comply with.

The purpose of this webinar by expert speaker Jay H. Perlman is to provide contractors thinking about or already working abroad with information on the FCPA, as well as three other similar national laws. The session will also offer a number of pointers on how contractors can mitigate their risk with regard to U.S., Canadian, U.K. and Brazilian construction laws. It will involve a thorough discussion of the risk of violating the U.S. Foreign Corrupt Practices Act. Plus, you'll be able to review a risk mitigation strategy to avoid accusations of FCPA violations.

Session Highlights:

  • Learn about the provisions of the U.S. Foreign Corrupt Practices Act.
  • Understand the risk of violating the provisions of this Federal law.
  • Review a number of recent cases that highlight the substantial risks U.S. contractors face should they violate the FCPA.
  • Consider a comparison of the U.S. FCPA with the U.K. Bribery Act, the Canadian Corruption of Foreign Public Officials Act, and the Brazilian Clean Companies Act, all of which apply to U.S. contractors when working in these countries.
  • Discuss ways and means contractors can mitigate the risk of being accused and/or found guilty of violating the U.S. FCPA.
  • Understand what sort of claim or dispute is likely to arise from a particular warning sign.
  • Identify what actions owners and contractors can take, when some of these warning signs are observed, to resolve such potential claim situations and prevent or resolve disputes.

Who should attend

  • Contractor sales and project management teams bidding international projects or already working internationally.
  • Contractor executives, in-house legal counsel, project managers, and project sponsors.
  • Construction managers and design professionals seeking international work or working overseas.
 

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About the Presenter(s)

 

Jay Perlman is a Director in Navigant's Global Investigations and Compliance Practice and is located in the Washington, D.C. office. He has more than 18 years of legal, regulatory compliance and investigative experience relating to the financial services sector. Mr. Perlman conce...More Info

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