Minimizing FCPA Risks When Seeking Foreign Investments: Risk Assessments, Due Diligence

Description

Foreign investment continues to flow into the U.S. economy at substantial levels. In addition to being concerned about the current administration's increasing oversight of such investment through the Committee on Foreign Investment in the United States (CFIUS), U.S. companies and their counsel seeking foreign investments or partnerships with foreign companies must be prepared to address the potential FCPA risks associated with such activity.

Companies must take adequate steps to identify and mitigate the FCPA risks associated with foreign investment in the U.S. This includes conducting thorough and effective due diligence on potential foreign investors or partners, and undertaking an FCPA risk assessment of the proposed transaction involving such potential investors or partners. This is particularly essential for U.S. companies seeking investments or partnerships from foreign government entities, sovereign wealth funds, or state-owned enterprises whose employees or representatives likely would be considered foreign officials under the FCPA. In addition, the use of third parties to facilitate such foreign investments or partnerships raises the FCPA risk profile of such transactions and must be addressed in an effective and proactive manner.

Listen as our authoritative panel discusses the importance of conducting due diligence and performing an FCPA risk assessment when seeking foreign investment or partnerships with foreign entities. The panel will also discuss strategies that U.S. companies can use to minimize the risk of an FCPA investigation/enforcement action relating to such investments or partnerships.