Inside the U.S. Government's Highly-Anticipated FCPA Resource Guide
On 14 November 2012, a new Resource Guide to the US Foreign Corrupt Practices Act (Guidance) was issued by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). The Guidance presents a comprehensive review of the government’s enforcement positions and expectations for corporate compliance programs. While it is a must-read for US FCPA practitioners and compliance officers who deal with corruption issues, the Guidance breaks little new ground analytically and seems to reaffirm prior pronouncements and policy positions contained in the government’s speeches and legal briefs. The Guidance continues to lack clarity on some important issues that needed to be addressed, such as criminal and civil distinctions in assessing parent-subsidiary liability. On the positive side, however, it gives some additional, important detail on best practices in developing and maintaining a compliance program.
In this client alert, Baker & McKenzie provides a short synopsis of some of the most important provisions of this 120-page document.
On 13 December 2012, a team of Baker & McKenzie lawyers discussed the implications of the FCPA Guide for companies around the world.
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