Protecting your organization from FCPA liabilities
How to prevent FCPA liability
Attorney general opinions
Domestic concerns and issuers can contact the Attorney General for guidance concerning whether certain conduct is violating the anti-bribery provisions of the FCPA. Since the Department of Justice won't provide opinions on hypothetical situations, the request must specify the exact facts related to the actual conduct.
After a potential violation is discovered, conducting an internal investigation is recommended. Preferably, it will be performed by outside counsel in the country where the violation took place. It is important to implement prompt remedial and disciplinary action afterward as deemed necessary.
Compliance programs
Employees should certify that they understand and will follow corporate policy, in addition to receiving regular training on anti-bribery laws. In addition, they should also be informed of the proper contact channels and procedures for guidance and/or reporting possible FCPA violations. Third party relationships, such as joint venture partners and agents, should be required to verify their compliance with anti-bribery laws, as well.
To investigate joint venture partners, agents and targets of prospective mergers and acquisitions, companies should develop comprehensive due diligence procedures. Finally, current records should be monitored by companies to maintain that individuals do not have close relationships with government officials or organizations or hold political office.