Company: Baker & McKenzie
Published: 27 November 2012
The new resource guide to the US Foreign Corrupt Practices Act 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 Government 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. However, it does gives some additional, important detail on best practices in developing and maintaining a compliance program.
Read further to understand the key provisions of this new Guidance.