Evaluation of FCPA Compliance Training


One of the key goals of any Foreign Corrupt Practices Act (FCPA) compliance program is to train company employees in awareness and understanding of the FCPA; your specific company compliance program; and to create and foster a culture of compliance. The testing and evaluation of your FCPA compliance training program is recognized under the US Federal Sentencing Guidelines as a key component in the overall effectiveness of a FCPA compliance program. Indeed the overall effectiveness of a FCPA compliance program is one of the factors that the Department of Justice (DOJ) reviews in determining whether or not to charge a company. In their book entitled, “Foreign Corrupt Practices Act Compliance Guidebook”, authors Martin and Daniel Biegelman explore some techniques which can be used to inform a company’s FCPA compliance training.

The authors suggest an approach, which is formulized by the acronym SMART, which is defined as follows:

Specific: clear and concise training which can be understood by all employees;

Measurable: the training has defined metrics requirement such as post-training testing and pass rates;

Achievable: reachable, sustained and reasonable results such as training attendance;

Relevant: a program which will inform and/or measure the desired behavior; and

Timed: a realistic time frame for completion.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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