Although implementing a well-designed anti-corruption compliance program will not protect a foreign company from potential criminal liability under the US Foreign Corrupt Practices Act (‘FCPA’), having such a program is the best way to prevent violations of the FCPA, and can also help mitigate the consequences in the event bribery is ever discovered. This article starts with a brief overview of the anti-bribery provisions of the FCPA, and then discusses the grounds upon which US law enforcement authorities have applied the FCPA to non-US companies. It then reviews the main elements of an effective anticorruption compliance program designed to deter and detect violations of the FCPA.
- The elements of an effective anti-corruption compliance program under US law door Derek J.T. Adler in Tijdschrift voor Compliance 2016 nr. 3