The FCPA Audit For Supply Chain Vendors

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An audit for adherence to Foreign Corrupt Practices Act (FCPA) compliance requirements is becoming more standard as a best practice in the management of business relationships with third party vendors which work with a company through the supply chain. In several recent settlements of enforcement actions through both Deferred Prosecution Agreements (e.g. Panalpina) and Non-Prosecution Agreements (e.g. RAE Systems Inc.,), the Department of Justice (DOJ) has stated that one of the current best practices of a FCPA compliance program includes the right to conduct audits of the books and records of the agents, business partners and supplier or contractors to ensure compliance with the foregoing. Many companies have yet to begin their audit process for FCPA compliance on vendors in their supply chain. This posting will explore some of the issues involved in auditing such business partners.

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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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