On November 14, 2012, the SEC and the DOJ released their long-awaited Resource Guide to the Foreign Corrupt Practices Act, which can be found here. The Resource Guide consolidates and summarizes the government’s previously stated positions and case law regarding the FCPA and, unsurprisingly, confirms that FCPA enforcement will remain a priority for the foreseeable future. The publication uses hypotheticals to provide helpful clarification and practical advice on issues such as gift-giving and hospitality. The hypotheticals are also discussed in a recent posting on our Global Trade Law Blog, which can be read here.
The Resource Guide emphasizes the need for effective anti-corruption compliance programs for all companies who do business internationally. thereby signaling that the Government will have little patience with companies whose management has failed to implement an effective FCPA compliance program. Put simply, the best strategy to minimize FCPA exposure is to focus on identifying and preventing violations before they occur. A presentation discussing the “hallmarks of effective compliance programs” as identified in the Resource Guide is available here.
