The compliance profession is at an inflection point, moving away from the lawyer-driven written policies and procedures to a more operationalized regime where compliance is
The next area for policies is extortion payments, which not are made illegal under the FCPA. Extortion payments are made for any action which threatens
As every compliance practitioner is well aware, third-parties still present the highest risk under the FCPA. The DOJ 2023 ECCP devotes an entire prong to
From the information provided by the DOJ in Opinion Releases and in enforcement actions, there are several different insights which may be drawn on regarding
One of the more confusing areas of the FCPA is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about
The original version of the Foreign Corrupt Practices Act (FCPA), enacted in 1977, contained an exception for payments made to non-US officials who performed duties
The FCPA states, “The FCPA’s anti-bribery provisions apply to corrupt payments made to (1) “any foreign official”; (2) “any foreign political party or official thereof”;
What should your compliance policy and procedures on charitable donations look like? What should you prohibit or even caution against? The starting point is the
When is a rose not a rose? When it is a charitable donation not made for philanthropic purposes and violates the FCPA. This was a
If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years
