Foreign Corrupt Practices Act Compliance Guidebook

Foreign Corrupt Practices Act Compliance Guidebook
Author: Martin T. Biegelman
Publisher: John Wiley & Sons
Total Pages: 384
Release: 2010-04-07
Genre: Business & Economics
ISBN: 047062244X

Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

Anti-Bribery & Corruption Compliance Programs

Anti-Bribery & Corruption Compliance Programs
Author: PhD Funk (T. Markus)
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

Compliance with anti-corruption and anti-bribery laws is always a critical piece of any compliance program. In today's environment, with global economies emerging from the COVID-19 pandemic and facing issues with inflation, supply chains and labor, this area is particularly challenging. Aggressive enforcement of anti-corruption and anti-bribery laws, a growing web of country-specific anti-corruption legislation and increasing cross-border cooperation by enforcement authorities continues to create risk for companies and keeps compliance professionals on their toes.In this chapter, slated for publication in the Society of Corporate Compliance and Ethics's annual Compliance and Ethics Manual, we provide an overview of the legal landscape surrounding anti-corruption/anti-bribery laws, highlighting a few of the most prominent national and international regimes. We also provide a series of best practices and considerations for developing a compliance program that effectively addresses risk and complies with legal requirements. Finally, we share our observations on emerging trends and recent developments in the anti-corruption/anti-bribery space.

Foreign Corrupt Practices Act Compliance Guidebook

Foreign Corrupt Practices Act Compliance Guidebook
Author: Martin T. Biegelman
Publisher: John Wiley & Sons
Total Pages: 384
Release: 2010-04-26
Genre: Business & Economics
ISBN: 0470527935

Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

Anti-Corruption Compliance

Anti-Corruption Compliance
Author: Gemma Aiolfi
Publisher: Edward Elgar Publishing
Total Pages: 188
Release: 2020-07-31
Genre: Law
ISBN: 178990532X

This indispensible book offers step-by-step guidance to small and mid-sized companies and non-profit organizations in managing corruption risks in overseas markets. It covers how and why to build a culture of integrity, develop a risk-based anti-corruption compliance programme, and engage with other industry players in collective action against shared corruption challenges, taking a hands-on approach and featuring case studies, quick definitions, tips and practical tools such as checklists.

Bribery and Corruption

Bribery and Corruption
Author: Brian P. Loughman
Publisher: John Wiley & Sons
Total Pages: 432
Release: 2011-12-06
Genre: Business & Economics
ISBN: 1118011368

As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis. The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials. Written by renowned accounting fraud experts Richard A. Sibery and Brian P. Loughman, and providing an introduction and overview of the Foreign Corrupt Practices Act (FCPA) and international bribery laws, Bribery and Corruption considers: How to conduct FCPA risk assessments and investigations How to consider FCPA specific financial controls How to implement an FCPA compliance program and how to measure FCPA compliance The risk of bribery and corruption continues to be an area of concern for companies around the world, but armed with Bribery and Corruption, it is easier than ever to understand the challenges that exist and how to deal with them.

Designing an Effective Anti-Bribery Compliance Program

Designing an Effective Anti-Bribery Compliance Program
Author: Stuart H. Deming
Publisher:
Total Pages: 180
Release: 2019-06-07
Genre: Business & Economics
ISBN: 9781641051262

In today's global marketplace, it is essential for companies create and implement anti-corruption policies and procedures to meet their legal compliance obligations and mitigate risks. In a single, concise publication, author Stuart H. Deming successfully integrates the critical factors that require consideration in designing and implementing an effective anti-bribery compliance program. In so doing, he provides a practical framework that is invaluable in almost any legal setting. The highly practical appendices include a checklist of key components of an effective compliance program and sample compliance provisions for third-party agreements.

Preventing Corporate Corruption

Preventing Corporate Corruption
Author: Stefano Manacorda
Publisher: Springer Science & Business
Total Pages: 526
Release: 2014-04-28
Genre: Social Science
ISBN: 331904480X

This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.

The Compliance Mentorship Program

The Compliance Mentorship Program
Author: Jessica Tillipman
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

Over the past decade, the anti-corruption, ethics, and compliance landscape has changed dramatically. This is a direct consequence of a global anti-corruption enforcement effort led by the United States through its enforcement of the Foreign Corrupt Practices Act. The increase in enforcement has also been spurred by the adoption of several multilateral anti-corruption agreements, such as the Organization for Economic Co-operation and Development (OECD) Anti-Bribery Convention and the United Nations Convention Against Corruption (UNCAC). These agreements have spurred several countries to enact anti-corruption laws, such as the U.K. Bribery Act, Brazil's Clean Company Act, and France's Loi Sapin II. The laws prohibit, among other things, the bribery of foreign government officials. They also encourage companies to dedicate resources to developing anti-corruption compliance programs and maintaining robust internal controls.The increase in anti-corruption enforcement has profoundly impacted large, multinational corporations. Many of these companies have responded to the enforcement increase by investing heavily in sophisticated compliance programs designed to prevent or mitigate liability for anti-corruption violations. The development of rigorous internal compliance programs has been particularly pronounced in the defense industry, especially among large, U.S. defense contractors.Unlike their large counterparts, many small government contractors are largely unable to keep up with the rapidly evolving trends and best practices in ethics and compliance. Their inattention to this critical area leaves them at risk for compliance failures, fraud, and corruption. As a result, small contractors are more likely than their large counterparts to be debarred from the U.S. procurement system.Despite the harsh consequences of compliance deficiencies, few small contractors are likely to dedicate resources to the development of vital compliance policies and internal controls because of the reality of limited resources. This has created a critical gap in the defense industry supply chain, as many large contractors may partner with small companies that lack the sophistication and resources necessary to ensure compliance with the many government contracts compliance requirements.One solution to this growing problem is to incentivize large government contractors to help their small subcontractors develop compliance programs. The incentives, of course, must be substantial enough to convince large contractors to share their confidential and proprietary compliance programs and best practices.Fortunately, a model for this type of arrangement exists in the U.S. procurement system. The “mentor-protégé” program is designed to help small businesses navigate the immense government contracts regulatory system.Under this program, generally a larger, more experienced contractor serves as a “mentor” to a smaller contractor (the “protégé”). The mentor, among other things, guides the protégé through the complex procurement regime by sharing expertise and resources. In return, the mentor is provided with contractual opportunities and incentives by the U.S. Government.This model could benefit companies in the compliance space by providing a mechanism for contracting parties to exchange information and ensure transparency throughout all levels of the procurement process.This article recommends incentivizing large businesses to utilize their vast resources to assist their small business partners with the development of internal ethics and compliance programs in order to improve the overall integrity of the government procurement system. It analyzes the development of global anti-corruption compliance standards through an overview of noteworthy changes in laws, regulations and enforcement, as well as the current compliance risks that large companies face when contracting with smaller companies who lack robust compliance systems and internal controls. The article concludes by recommending the adoption of a corporate mentor-protégé program that incentivizes larger companies to dedicate resources to helping smaller contractors develop anti-corruption compliance programs.

Directors' Duties and Corporate Anti-Corruption Compliance

Directors' Duties and Corporate Anti-Corruption Compliance
Author: Patrick J. O’Malley
Publisher: Edward Elgar Publishing
Total Pages: 336
Release: 2021-01-29
Genre: Law
ISBN: 1786436523

This discerning book examines good governance developments concerning anti-bribery efforts in the US and the UK, recognising that with each new major case of corporate malfeasance the parameters of directors’ duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O’Malley compares the fundamental national compliance experiences of the US and UK. Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores systemic expectations of directors, executive officers and compliance personnel in public and private companies.