FCPA and Anti-Corruption Compliance

Client: Multiple Clients

Mr. Bilaniuk has extensive experience counseling on compliance with the Foreign Corrupt Practices Act (FCPA) spanning the major areas of potential FCPA risk including: 

  1. managing foreign agents and representatives;
  2. reasonable travel and entertainment expenses for valid business purposes;
  3. who is a “Foreign Official” under the FCPA;  and
  4. facilitating payments.

In addition, he has experience counseling on compliance with the UK Bribery Act and has been exposed to anti-corruption laws in foreign jurisdictions during the course of cross-border investigations or counseling engagements including when assessing the applicability of the FCPA affirmative defense for actions that are legal under local written law. 

FCPA Counseling

  • Counseled applied science/technology company about FCPA risks of certain transactions in various markets such as India, Kuwait, and Kazakhstan.
  • Advised technology, Fortune 500, and other companies on permissibility of various permutations of sponsored business trips of government delegations to U.S. facilities and myriad other courtesy, hospitality and marketing and promotional expenses.
  • Performed due diligence (Level I to III) on potential agents, representatives, and partners in foreign markets such as Pakistan, Saudi Arabia, Afghanistan, Ukraine, for a range of clients including technology companies and advised on issues during contract negotiations.
  • Advised technology, Fortune 500, and other companies on myriad FCPA matters including issues such as:
    • permissibility of Saudi agent’s proposed commission payment structure;
    • potential buy-out of Middle East royal family joint venture partner;
    • potential transaction with a Middle Eastern country where client’s agents had familial ties to ministry awarding work;
    • negotiations over contract for design/build of facility in the Middle East;
    • hiring of foreign market consultant given ties to awarding government agency; and
    • foreign employee requests to do certain types of independent consulting for foreign government agencies.

FCPA Compliance policies

Mr. Bilaniuk has extensive experience working with clients on developing and improving anti-corruption controls and processes, providing risk assessments, and then tailoring programs to address identified risks including compliance policies, questionnaires of employees, due diligence guidelines for vetting agents and representatives, model contracts for agents and representatives, detailed guidelines for gift giving, courtesy, and hospitality.  Mr. Bilaniuk has experience performing such work with a range of clients across industries including technology, engineering, applied science/technology, IT design-build, public policy, political consulting, and construction companies.

Anti-corruption Investigations

  • Conducted internal investigation of a manufacturer’s international sales executives’ handling of business with foreign distributors doing business with state-owned companies given certain red flags.
  • Advised a U.S. construction company on FCPA compliance with joint venture in Africa to pursue joint major renewable energy contracts; conducted Level III FCPA due diligence on potential partners.
  • Represented former executive of Fortune 500 company in FCPA investigation by SEC and DOJ that resulted in closing of case without charges.
  • Conducted internal investigation for Fortune 500 government contractor of ex-employee whistleblower’s claims of corruption, and other illegal and unethical conduct in performance of service contract in Middle East.
  • Conducted investigation of foreign agent’s conduct after recommending termination of technology client’s agency contract due to FCPA red flags.
  • Conducted preliminary anti-corruption and other due diligence on Ukrainian client-sponsor’s pre-screening submission to Overseas Private Investment Corporation (OPIC) for financing of construction of facility in Ukraine.