Bribery and corruption: navigating the global risks (hardback) (series: wiley corporate f&a) Navigating the Global Risks Wiley Corporate F&A Series, Vol. 568

Praise for BRIBERY AND CORRUPTION

"Bribery and other forms of corruption are among the greatest risks concerning audit committee members and board members in general of multinational corporations. This book provides excellent, practical advice to those board members in overseeing effective risk management programs and dealing with specific problems when they occur." *Dennis R. Beresford, Professor of Accounting, University of Georgia, current or former audit committee chairman of five public corporations, and former Financial Accounting Standards Board Chairman

"Bribery and Corruption: Navigating the Global Risks is an excellent resource for compliance, audit, and litigation support practitioners. The book provides an exceptional overview of relevant global anti-bribery and corruption laws and regulations as well as specific guidance to help ensure compliance with these laws. Additionally, the book provides comprehensive coverage of anti-corruption programs and controls, including policies and procedures, risk assessment processes, and effective due diligence programs. This book is a must-read for those involved with the prevention, detection, or investigation of bribery and corruption as the authors provide a practical approach to resolving such complex issues as the FCPA and commercial bribery, and other forms of corrupt activities." *Paul E. Zikmund, Senior Director, Forensic Audit, Tyco International

"Bribery and Corruption: Navigating the Global Risks should be on the shelf of every CEO of a multinational company and every lawyer advising them. The authors provide excellent historical perspective on the recent anti-bribery mania, highly useful guidance for professionals designing compliance programs, and a road map for companies and their lawyers who are investigating possible corruption or considering an acquisition abroad. It"s a very thoughtful resource." *Aaron R. Marcu, Partner, Freshfields Bruckhaus Deringer LLP, and former federal prosecutor

"With ever increasing investment and development in the emerging markets, there is an inherent need for understanding the specific risks facing companies as they move across borders. The level of detail that Ernst & Young provides in this book on regional and country-specific trends and activity presents attorneys in varying jurisdictions with a powerful resource in guiding their clients into new geographies. As an attorney in an emerging market, I found the information extremely valuable and believe this book is an essential read for any anti-bribery and corruption practitioner." *Isabel Franco, Partner, KLA-Koury Lopes Advogados, São Paulo, Brazil

Chapter 1 Introduction.

Enforcement Trends.

Anti-Corruption Compliance Programs.

Remember the Purpose.

Chapter 2 Overview of FCPA.

Legislative History.

Overview and Key FCPA Statutory Elements.

Ancillary Statues.

Summary.

Chapter 3 The UK Bribery Act and International Bribery and Corruption Initiatives.

UK Bribery Act of 2010.

Global Anti-Corruption Initiatives.

Summary.

Chapter 4 Compliance Programs.

Goals of an Effective Anti-Corruption Compliance Program.

Accepted Standards and Guidance.

What Should an Anti-Corruption Program Include.

Summary.

Chapter 5 Policies and Procedures.

Bribery, Corruption and Fraud Prevention Policies.

Communication and Training.

Internal Financial Controls.

Summary.

Chapter 6 Risk Assessments.

Scoping the Risk Assessment.

Conducting the Risk Assessment.

Gap Analysis.

Reporting.

Documenting the Risk Assessment.

Summary.

Chapter 7: Monitoring.

Building an Anti-Corruption Monitoring Program.

Conducting the Anti-Corruption Compliance Audit.

Reporting the results.

Audits of Agents / Intermediaries.

Use of Data Analytics in Monitoring.

Summary.

Chapter 8 Anti-Corruption Due Diligence.

Current Transaction Market Perspectives.

The FCPA Due Diligence Regulatory Environment.

Why Is Anti-Corruption Due Diligence Significant?

Unique Considerations of Anti-Corruption Due Diligence.

What to Do When Violations Are Found During Anti-Corruption Due Diligence.

Summary.

Chapter 9 Investigations.

Trigger Events.

Triage.

Response.

Remediation.

Summary.

Chapter 10 Regional Considerations for Bribery and Corruption Risks.

Asia Pacific.

Europe.

India & South Asia.

Middle East.

Africa.

Latin America.

Chapter 11 Industry Considerations for Bribery and Corruption Risks.

Aerospace & Defense.

Automotive.

Construction & Real Estate.

Consumer Products.

Diversified Industrial.

Energy.

Financial Services.

Life Sciences.

Media & Entertainment.

Metals & Mining.

Retail & Wholesale.

Technology.

Transportation.

Acknowledgments.

About the Authors and Contributors.

Index.

BRIAN P. LOUGHMAN is a Partner at Ernst & Young LLP and the Americas Leader of the Fraud Investigation & Dispute Services Practice. He has extensive experience investigating and remediating bribery and corruption issues for multi-national clients. He frequently presents his findings to the Securities and Exchange Commission and the Department of Justice.

RICHARD A. SIBERY is a Partner at Ernst & Young LLP and leads the Fraud & Investigations group within its Fraud Investigation & Dispute Services Practice. He has extensive experience leading complex international investigations for large public companies. His experience in assisting clients with bribery and corruption issues spans six continents and includes a wide range of industries.