DIBAC Event: International Business 101 - The Basics of Pioneering a Global Vision

As economic barriers between countries around the world have fallen, international trade and foreign direct investment have grown significantly. Companies conduct business internationally for a variety of reasons, whether defensively when faced with a threat to market share, or offensively to gain an advantage over competitors. Although expanding operations abroad in any form involves risk, the risk of not doing so may be even greater. Entering the global marketplace requires U.S. companies to contend with complex issues under U.S. federal law, as well as with the laws of foreign jurisdictions. Conversely, foreign companies entering the U.S. or any other jurisdiction beyond their home country’s border must contend with the regulations of both their home jurisdiction and host country’s jurisdiction. These issues pose real challenges and involve real costs. However, forward planning and an awareness of what issues lie ahead can keep risk to a minimum while capitalizing on opportunities.

Topics:

• Understanding the hierarchy of objectives and preparedness for global business (Organization Mission>Corporate Strategy>Business Unit Issues>Business Unit Objectives>Strategic Alternatives>Strategic and Tactical Plans>ERM as part of Strategy>Performance Measurement)
• Global strategic choices/planning
• 3 Key Questions: What business are we in? Where are our current markets going? What is our competitive advantage?
• Organizational considerations (Structure/Governance)
• Due Diligence- As part of crafting your strategy, you will undoubtedly be looking at potential foreign partners or utilizing agents or other third party intermediaries. Additionally, your strategy may include acquisitions or a joint venture. Tailoring your due diligence to your target(s). Due diligence is all about verification and risk assessment. As a corollary, a transaction (especially with M&A) involves the transfer or risk.
• Focus on the due diligence undertaken as regards your potential foreign partners, agents or other third party intermediaries (Note: Due diligence of JV partners or in the M&A context will be left for other sessions. However, much of the fundamentals carry to business combination transactions). The mantra is always - Know your partner. Though important domestically, this is essential in the international context, where an untrustworthy partner, or a partner with different goals, can put your company at tremendous risk of liability.
• FCPA and Anti-Corruption Compliance- The U.S. government has stepped up enforcement of its anti-corruption and anti-terrorism measures. One of the most important laws affecting U.S. companies expanding to overseas markets is the U.S. Foreign Corrupt Practices Act (“FCPA”). The FCPA was enacted in 1977 and amended in 1998 by the International Anti-Bribery Act of 1998 to implement the provisions of the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Additionally, many other foreign jurisdictions have followed this wave and pursued their own anti-corruption investigations in their own jurisdictions or extended extraterritorially after seeing a successful DOJ and SEC investigation and prosecution, often levying their own fines and penalties thereafter. 

This is a panel discussion led by Vlad Kapustin, Interkap Group LLC - Global business and FCPA.

Date: October 26, 2011
Time: 8:30 to 10:30am
Location: Dublin Entrepreneurial Center, 1st Floor Multi-Purpose Area

PLEASE follow directions, not the address:
From I-270
Exit I-270 at US 33 westbound/OH 161 towards Marysville.
Exit onto 161/Post Road, turning left
At first traffic light turn left onto Eiterman Road .
At first entrance turn right into The Post 7003.
From US 33 Eastbound
Exit US 33 Eastbound onto 161/Post Road, turning right.
At first traffic light turn left onto Eiterman Road.
At first entrance turn right into The Post 7003.