When Realities Test The Limits Of Your FCPA Program

By Joseph Moreno, Anne Tompkins and Robert Duncan (November 1, 2018, 2:36 PM EDT) -- Compliance counsel and practitioners who advise clients on the Foreign Corrupt Practices Act are undoubtedly familiar with the joint guidance issued by the U.S. Department of Justice and the U.S. Securities and Exchange Commission (the FCPA resource guide),[1] the universe of available FCPA deferred prosecution agreements, and the various other authorities that inform what the government expects from a robust, risk-based anti-bribery compliance program. However, policies and procedures that seem clear and easy to implement when putting pen to paper can become difficult when socializing within a company and even harder during the implementation phase. When practical realities test the limits of your newly proposed FCPA program, how do you know when to be flexible and when to stand your ground? How do you resolve what you think regulators expect versus the pushback you receive from employees on the ground? And is there a way to reconcile policies that may work just fine in Latin America but run into serious implementation issues in Asia? These are the types of questions that can and will arise when rolling out a new or enhanced FCPA compliance program, particularly when that rollout hits high-growth emerging markets....

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