US DOJ issues new rules on lawfulness and transparency

Society of Corporate Compliance and Ethics (SCCE)
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Society of Corporate Compliance and Ethics (SCCE)

CEP Magazine (November 2020)

Pursuant to Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents,[1] the U.S. Department of Justice (DOJ) issued two new rules[2] governing the release of guidance documents. The updated rules ensure that guidance documents cannot carry enforcement implications and also provide for a guidance portal,[3] where all guidance documents must be stored going forward.

1 Promoting the Rule of Law Through Improved Agency Guidance Documents, 84 Fed. Reg. 55,235 (October 15, 2019).
2 U.S. Department of Justice, “Department of Justice Announces Rules Furthering Lawfulness and Transparency in the Regulatory Process,” news release, August 26, 2020, https://bit.ly/3jzbF61.
3 “Guidance Documents,” U.S. Department of Justice, accessed September 2, 2020, https://bit.ly/3jCelzV.

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