Since 1977, U.S. companies conducting business with foreign government entities and government officials have had to comply with the Foreign Corrupt Practices Act (FCPA), prohibiting providing things of value to any foreign official to obtain or retain business. As with increased enforcement efforts in other areas of government contracting, federal agencies are also increasing their FCPA enforcement efforts. Wiley Rein advises U.S. and foreign contractors on developing, implementing, and rigorously reviewing their FCPA compliance programs, assists contractors with ensuring that their overseas branches comply with legal and corporate procedures for handling contracts with foreign government entities or involving government officials, conducts internal investigations of allegations of FCPA non-compliance, and represents contractors in all stages of FCPA enforcement proceedings by interested agencies. We also represent individuals facing U.S. Department of Justice FCPA enforcement actions.
In the last few years, the United States also has seen a significant uptick in the number of export controls and economic sanctions prosecutions (both domestically and abroad). Wiley Rein Government Contracts andInternational Trade professionals also counsel contractors regarding their export control obligations under the U.S. Department of State’s International Traffic in Arms Regulations (ITAR), the U.S. Department of Commerce’s Export Administration Regulations (EAR), and the Office of Foreign Assets Control’s (OFAC) regulations, including transaction counseling for imports or exports of defense articles and services, assisting clients with implementing and augmenting their export control compliance programs, and representing contractors in enforcement proceedings before the Department of State’s Directorate of Defense Trade Controls, the Department of Commerce’s Bureau of Industry and Security, and the Department of the Treasury’s OFAC.
With our colleagues from the International Trade, White Collar Defense & Government Investigations, and Election Law & Government Ethics practices, Wiley Rein provides clients full service and representation in connection with the requirements of the FCPA and navigating the often complex requirements of export controls and economic sanctions regulations, including the U.S. ITAR, EAR, and the OFAC economic sanctions regulation. In addition, Wiley Rein works with clients and the Committee for Foreign Investment in the United States (CFIUS) to ensure that any potential mergers and acquisitions are consistent with the national security goals of the United States. Finally, we work with clients to ensure that their products comply with country of origin restrictions such as the Buy American and Trade Agreements Acts, the Berry Amendment, restrictions on the use of specialty metals produced outside the United States, and reporting requirements associated with the use of conflict minerals.
ISSUE: FALL 2014
IN THIS ISSUE
- New Labor Executive Orders and Rules to Impose New Compliance Obligations on Contractors
- The “No Federal Contracts for Corporate Deserters Act of 2014”—Congress’s Latest Attempt to Address Inverted Domestic Corporations
- COFC Decisions Reinforce Challenges, But Open the Door, for Subcontractors Pursuing Claims for Nonpayment Directly Against the Government
- The Court Trusts, But You Should Verify—D.C. Circuit Affirms Dismissal of Qui Tam Alleging Reseller Violated the TAA
- Speeches & Publications
View from Wiley Rein: Is It Possible to Comply with the FCPA’s Internal Controls Provision?
By Gregory M. Williams and Ralph J. Caccia
January 27, 2015 | Bloomberg BNA’s Federal Contracts Report
The Foreign Corrupt Practices Act & Unique Risks for Government Contractors
By Gregory M. Williams, Ralph J. Caccia, Jillian Volkmar and Emma Sharma
Six Steps to Prevent Disclosure of Internal Investigation Reports
By William A. Roberts, III, Mark B. Sweet and Richard B. O'Keeffe, Jr.
March 20, 2014