{"id":1204,"date":"2017-12-11T14:46:07","date_gmt":"2017-12-11T14:46:07","guid":{"rendered":"https:\/\/crigroup.com\/?p=1204"},"modified":"2021-08-02T14:29:04","modified_gmt":"2021-08-02T14:29:04","slug":"fcpa-enforcement-policy-is-out","status":"publish","type":"post","link":"https:\/\/crigroup.com\/ar\/fcpa-enforcement-policy-is-out\/","title":{"rendered":"FCPA Corporate Enforcement Policy is out"},"content":{"rendered":"

On November 29, 2017, Deputy Attorney General Rod Rosenstein revealed the implementation of the FCPA Corporate Enforcement Policy (“Enforcement Policy”), which endeavours to supplemental reassure voluntary disclosure of FCPA violations by companies. The Enforcement Policy attempts to elucidate certain viewpoints of the FCPA Pilot Program launched by the Fraud Section in April 2016 and removes its “pilot” status by incorporating the general framework for credit for voluntary disclosure of FCPA violations into the United States Attorney’s Manual (USAM).\u00a0For more information, please read the USAM insert below:<\/p>\n

9-47.120 \u2013 FCPA Corporate Enforcement Policy <\/strong><\/p>\n

I. Credit for Voluntary Self-Disclosure, Full Cooperation, and Timely and Appropriate Remediation in FCPA Matters<\/h3>\n

Due to the unique issues presented in FCPA matters, including their inherently international character and other factors, the FCPA Corporate Enforcement Policy is aimed at providing additional benefits to companies based on their corporate behaviour once they learn of misconduct. When a company has voluntarily self-disclosed misconduct in an FCPA matter, fully cooperated, and timely and appropriately remediated, all in accordance with the standards set forth below, there will be a presumption that the company will receive a declination absent aggravating circumstances involving the seriousness of the offence or the nature of the offender. Aggravating circumstances that may warrant a criminal resolution include, but are not limited to, involvement by executive management of the company in the misconduct; a significant profit to the company from the misconduct; pervasiveness of the misconduct within the company; and criminal recidivism.<\/p>\n

If a criminal resolution is warranted for a company that has voluntarily self-disclosed, fully cooperated, and timely and appropriately remediated, the Fraud Section:<\/p>\n