vialegal webinar_ fcpa training for a global workforce
DESCRIPTION
Corruption in a global trade can be a complex issue and is often intertwinedwith both company and country culture. In certain areas of the world, corruption can be a common practice that is endorsed – bribery, intimidation and mark ups may exist in all levels of society. For US corporations, non-compliance with the FCPA practices can result in steep fines, government compliance monitoring as well as loss of reputation and goodwill. Training of staff has never been more critical, but comprehensive programs can be daunting to design, customize, deliver and monitor across global regions. This webcast will address some of the key challenges and offer helpful tips for designing comprehensive web-based training.TRANSCRIPT
Welcome
FCPA Training for a Global WorkforceAvoiding Penalties Associated with Non‐Compliance
Presented by viaLanguage and CPA Global
Today’s Agenda ‐ Scott
• Trends in global corruption & enforcement
• Key issues to address in trainingy g
• Developing a web‐based training program
• Wrapping up & questions
• Low cost tips for maintaining compliance content
Wrapping up & questions
Your Presenters ‐ Scott
• Juliet HannaSenior Counsel, Client Engagement Management, CPA Global
• Julie BrinkDirector of eLearning viaLanguageDirector of eLearning, viaLanguage
• Scott Herber(moderator), EVP Sales, viaLanguage
Trends in Global Corruption & Enforcement
Foreign Corrupt Practices Act JH
Two parts:1. Anti‐bribery 2. Accounting, books and records2. Accounting, books and records
FCPA Anti‐bribery provisions ‐ JH
Prohibit:‐Any issuer, domestic concern or person acting within the United States from‐Corruptly making any offer, payment, promise to pay, or authorizing the payment of‐Anything of valueTo a foreign official (including officials of international organizations political‐To a foreign official (including officials of international organizations, political parties, party officials or candidates for public office) or‐To any other person while knowing that something of value will be offered, given or promised, directly or indirectly, to a foreign government official‐For the purpose of influencing official action or securing any improper business advantage‐To obtain or retain business, or to direct business to any person.
FCPA Accounting Provisions‐ JH
Books & RecordsR i i “ k d k b k d dRequires issuers to “make and keep books, records and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of assets.”
Internal accounting controlsRequires issuers to devise and maintain accounting controls sufficient to provide reasonable assurances that transactions are executed into provide reasonable assurances that transactions are executed in accordance with management’s instructions, recorded as necessary to permit preparation of financial statements in accordance with GAAP, that access to assets is controlled according to management’s g ginstructions, and that records are reconciled with existing assets at reasonable intervals.
‐NOTE: No materiality requirement
FCPA Enforcement Trends‐ JH
U.S. Department of Justice & U.S. Securities and Exchange Commission – overlapping jurisdiction to enforce the FCPA
606 year change – enforcement counts
new specialized units
40
50
new specialized unitsIncreasing enforcement activity
20
30
DOJ
SEC
0
10
SEC
2004 2010
FCPA Monetary Penalties ‐ JH
Significant monetary penalties forSignificant monetary penalties for violations of the FCPA
•KBR/Halliburton (2009) ‐ $579 million•BAE Systems (2010) ‐ $400 million•Technip (2010) ‐ $238 millionp ( ) $•Daimler (2010) ‐ $185 million
Siemens Example, 2008 ‐ JH
Pleaded guilty to criminal internal controls and books and records violations. Three subsidiaries pleaded guilty to conspiracy to violate the FCPA + penalties to German authorities. authorities.
Penalties paid •DOJ : $450 millionDOJ : $450 million•SEC settlement: $350 million (disgorgement)•German authorities: €395 million•German authorities: €395 million•Munich District Court: €201 million•German tax authorities: €179 million
Important elements for an Anti‐Corruption Compliance Programp g
JH
Multiple Components ‐ JH
JH
FCPA Compliance ‐ JH
I t t l t f A ti C ti C li PImportant elements for an Anti‐Corruption Compliance Program
f h1. Tone from the top2. Compliance officer3. Clear policyp y
Account for other anti‐corruption laws in addition to FCPA (e.g., UK Bribery Act)
4 Internal controls monitoring and review4. Internal controls, monitoring and review5. Due diligence6. Reporting system
i i i h l i l7. Training with multiple touch points
Communication & Training ‐ JH
Reinforce with multiple touch pointsReinforce with multiple touch points
1. Clearly written guidelines, policy and Code of Conduct
2 O i t i i il i d l tt i2. Ongoing training – emails, ipods, newsletters, in person sessions, web and mobile training
**Key issues: agents/consultants, commissions, gifts & entertainment, charitable contributions
FCPA Compliance TrainingFCPA Compliance Traininga web‐based approach
Needs Assessment ‐ JB
• Compliance measurements in place? • Is testing done? Tracked? What happens to the• Is testing done? Tracked? What happens to the results?• How are updates issued? Frequency? Local orHow are updates issued? Frequency? Local or organizational compliance regulation updates? • What is being done now that is effective?
http://www.netdimensions.com/downloads/whitepapers/NetD_wp_Compliance_enUS.pdf
Anti‐bribery & Code of Conduct ‐ JB
Training should address compliance risk and be tailored to:• Company culture• Company standardsR l i k f d b i i t d b i li t• Real risks faced by recipients and business climate
Also include:Also include:• Scenario‐based and interaction components• Tracking and reporting
Who’s the Recipient? pDesign the e‐learning course with role/training variations ‐ JB
• New employeesNew employees• Seasoned employees for refresher or recurring required training• Vendors/contractors/third parties• Different roles and risk scenarios
Benefits to Web and Mobile Training‐ JB
• Easy access for recipientsy p• Delivered quickly and with less cost than live training• Customizable to each region or recipient• Easy to update and maintain • Online testing and tracking• More control• More control
Global Challenges for Compliance TrainingGlobal Challenges for Compliance Training‐ JB
Customize course elements for theCustomize course elements for the location
• Local relevant content• Local, relevant content• Policy and law differences• Images and branding• Images and branding• Workflow systems and process
Tips for developing web‐based training and minimizing costg
Rapid vs Custom Training ProgramsRapid vs. Custom Training Programs ‐ JB
Rapid In‐between Custom
$$$ $$$
$Articulate, Captivate
Articulate, Captivatew/custom Flash
elements
Flash built
Low interactivityLevel 1-2 interactivity
Interactive elementsLevel 1-3 interactivity
High interactivity + simulation
Level 2-4 interactivity
5 FACTORS to Consider Rapid Development Semi‐customDevelopment
Custom Development
Time to develop 2‐3 weeks 3‐6 weeks 6‐12+ weeks
Budget Less than $5K per hour $5‐$ 20K per hour $ 20k + per hour
Rapid development works well for lower l i l l f i f i dAudience size Any, but best with
smaller audiences under 200
Any Anylearning levels – facts, information and knowledge sharing.
Learning goals Informative, Comprehension and Application (Skill
Application, Analysis, Evaluation (Process change)
Evaluation, synthesis (Process and Behavior change)
Simple orientation/induction trainingProcedural training
Product knowledge updatesImprovement, facts, information and knowledge sharing)
Course complexity Low no to light Medium light version of High animations
Product knowledge updatesCompliance training
Course complexity Low – no to light branching, animations, video
Medium – light version of interactivity and customization
High–animations, simulations and social interactivity
Plan with Internationalization in mind ‐ JB
Internationalize codeDesign or “modularize” for cultureDesign or modularize for culture and regionApply translation memorypp y y Audio recording per character and language
Mobile
Pros•Reduces training costsReduces training costs•Broad reach•Technology is availableM bil d li t d•Mobile delivery expected
•Continual access
Cons•Multiple device types•Anticipate poor adoptionAnticipate poor adoption•Less screen space; shorten content
Deployment and tracking ‐ JB
• Learning Management System (LMS) & Content management (CMS) considerationsmanagement (CMS) considerations
• Benefits • Ease of updates and maintenanceEase of updates and maintenance• Reporting and tracking needs
• How• Custom portals• Company LMSO S /M dl• Open Source/Moodle
Summary‐ Scott
• Trends in global corruption & enforcement
• Key issues to address in trainingy g
• Developing a web‐based training program
• Low cost tips for maintaining compliance content
Thank You! ‐ Scott
Contact us at:viaLanguage503.243.2007
www.viaLanguage.comg gFacebook.com/viaLanguageTwitter.com/viaLanguage
CPA Global703.739.2234
www.cpaglobal.com