Risk Based Compliance under the FCPA

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For those companies which now desire to evaluate their third party business partners for Foreign Corrupt Practices Act (FCPA) compliance, how, and perhaps where, do they begin? The approach that appears to be gaining the most traction both with regulators and learned commentators is to develop a risk based approach to FCPA compliance. There is no specific Department of Justice (DOJ) guidance on any one specific process for a risk based compliance system. However, there is sufficient guidance in other FCPA and analogous compliance areas, such that direction can be provided to US and foreign companies in this area. This article will suggest several possible approaches to create a risk based compliance program.

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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.

© Thomas Fox, Compliance Evangelist | Attorney Advertising

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