A Checklist for FCPA Compliance
Author: Today’s General Counsel - Douglas K. Rosenblum and Marc S. Raspanti
… (6) Identify all executives and employees responsible for compliance with federal statutes and regulations.
(7) Revisit record keeping and accounting procedures for all international transactions to ensure accurate characterization of all expenditures…
Having supported far too many FCPA investigations over the last 30 years, the hardest initial step is untangling the key employees, contractors, agents and foreign players involved in doing business overseas. The TGC article provides a solid checklist for compliance defensibility that many corporate clients would shy away from because of the heavy manual overhead required. Most enterprise content management systems now include categorization/tagging systems. These require an up front investment to build the relationships between global HR, transaction, contract, communication and other systems to automate associations and tracking. This can be the key to minimizing the compliance and incident response efforts required. Moreover, automated alerts and random sample reviews carry a lot of weight with investigators and the bench when defending the company’s efforts.