International Focus Magazine Vol. 1, #2 | Page 38

business Exploring Business Opportunities in New ‘Foreign’ Markets? “Reasonable” Due Diligence in the Pursuit of Regulatory Compliance Companies doing business or looking to do business in foreign countries need to “know” their third parties and also “prepare” themselves to do business ethically and within the confines of foreign legal due diligence requirements. Heightened enforcement surrounding the Foreign Corrupt Practices Act and other similar legal provisions around the world, as well as the risks associated with an increasingly global business environment necessitate this. Achieving this end efficiently and effectively is not easy, especially when trying to do so in the increasingly complex legal landscape of laws and professional regulations that often differ by country. Demonstrating proper investigative process and duty of care in vetting third-party intermediaries is critical to both achieving regulatory compliance and securing your company’s financial & reputational bottom line. 38 iF Magazine | August 2016 Due Diligence When exploring potential third-party business relationships, companies must be equipped with relevant and timely intelligence to make strategic business decisions. If you are looking to enter new foreign markets, then you need preemptory due diligence expertise in preparing your firm to do business and investigative 3rd party due diligence expertise in evaluating the companies you are planning to do business with. Combining a global presence with local knowledge that enables clients to make well-informed business decisions. Look for a fixed-scope, fixed-cost due diligence services with predictable timelines that support a risk-based due diligence approach to third party management. Access Your Business Risk Businesses must assess the risk of FCPA violations Some questions to consider are: • What kind of business does your company do? • Do you conduct business through your own employees, through agents, distributors and intermediaries, through joint ventures- all of the above? • Do you need to get permits or qualify products for sale? Do you ship through freight forwarders and use customs agents? • Do you deal with universities, or use professors in an advisory capacity, or deal with doctors or hospitals? • In many countries education/ healthcare are government run and all employees, including doctors and professors, are government officials under the FCPA.