Anti-corruption and Foreign Corrupt Practices Act (FCPA)

PwC’s Forensics services practice provides confidential, global resources to assist
companies across the full spectrum of local Anti-corruption laws and FCPA compliance.
Our professionals have a global presence in over 70 territories.

We perform following services under the direction of the company and its counsel:

  
Training

  • The Forensic Services team has conducted extensive training on Anti Corruption Laws and FCPA issues for several clients in India. 
  • This training covers the following topics: 
    • Principal provisions of local Anti-corruption and FCPA laws;
    • Code of Conduct and business practices;
    • Industry specific issues and challenges;
    • Issues related to
      • Business Intermediaries;
      • Gifts and Hospitality;
      • Meals and Entertainment;
      • Travel and Lodging;
      • Sponsorships and Charitable Donations

 

Due Diligence

  • Determination of the risk that the target company has engaged in violations of Local Anti-corruption and FCPA legislations, based on the target company’s line of business and the countries where the target company is located or does business. 
  • Interviews with employees of the target company and other knowledgeable individuals regarding rumors of unethical or suspicious conduct by the Target Company, its employees, or its agents, consultants or representatives.
  • Review of the target company’s books, records and accounts to determine whether such books, records and accounts accurately and fairly reflect all transactions and expenditures by the target company.
  • Enhanced review of all contracts between the target company and any foreign government, foreign government controlled entity, foreign government employee or foreign political candidate. 
  • Enhanced review of all contracts between the target company and any foreign agent, consultant or representative of the target company.
  • Enhanced review of any “red flags” indicating that violations of the local Anti-corruption and FCPA legislations.

 

  
Compliance

  • Proactive monitoring procedures and identification of non compliant transactions.
  • An Anti-corruption / FCPA Compliance program would cover the following:
    • Review of code of conduct and business practices
    • Interactions and touch points with government agencies
    • Use of third parties and intermediaries
    • Review of contracts and payments to third parties and intermediaries
    • Review of travel, gifts and entertainment
    • Review of certain high value cash payments 

 

 

Investigation

  • Although the nature and scope of Anti-corruption/FCPA investigations will vary from company to company, most Anti-corruption/FCPA Investigations contain the following elements:
    • Assessment of Business model
    • Identification of gaps in internal controls and policies
    • Analyse sales to government entities
    • Analyse payments to sales facilitators (agents)
    • Analyse travel, entertainment, marketing and promotion expenses
    • Analyse donations, sponsorship and gifts
    • Analyse offset arrangements
    • Assess industry-specific matters

 

  
Remediation

  • A strong and effective Anti-corruption/FCPA remediation program is vital to a company’s path to recovery, and should contain the following elements:
    • Enhance internal compliance controls
    • Create formal business and ethical standards for employees and business partners
    • Conduct compliance risk assessment at periodic intervals
    • Monitor activities
    • Deliver training programs
    • Develop reporting system and helpline
    • Perform third-party due diligence
    • Perform independent compliance audits
    • Request confirmation of compliance from business unit or divisional leaders

 

 

The PwC Forensics team consists of professionals with a thorough understanding of local and regional culture, language, financial and regulatory systems. We are comprised of an international network of partners and staff who offer a unilateral advantage in investigating issues that extend across borders. We provide our clients unprecedented global reach in a coordinated efficient and expedited manner.

Our team is experienced in the identification and acquisition of key information across multiple territories and data privacy restrictions.

PwC has experienced investigators who have held senior-level positions with major prosecutorial and law enforcement agencies in the United States, Canada, the United Kingdom, Europe, South Africa, and Asia to provide local insight and advice.