In Part II of a two-part series, the top compliance roundtable podcast is back with a review of the new Justice Department’s FCPA Corporate Enforcement Policy.
- Jay Rosen considers the take the compliance program additions found in the “Timely and Appropriate Remediation in FCPA Matters” section. He highlights the new parts from the Evaluation of Corporate Compliance Programs, root cause analysis and parts from the 2016 FCPA Pilot Program, Part III on remediation. What does this new information mean for the compliance practitioner? From an assessment perspective what would a monitor look at more closely or even differently than under the 10 Hallmarks?
- Jonathan Armstrong looks the new Policy from a UK/EU angle. He explores the following issues from the Policy (1) where national blocking statutes prevent disclosure of information, what does the Policy require; (2) does the requirement for “Appropriate retention of business records, and prohibiting the improper destruction or deletion of business records” conflict with the “right to be forgotten”. He also considers the difficulties a UK or EU company might face when dealing the US authorities and other relevant UK or EU authorities if they agreed to self-disclose. For instance, can they meet the extensive cooperation requirement in turning over information on persons and making them available for interview? Finally, and in a fascinating extrapolation, he explores whether the imposition of this law could actually negatively impact international anti-corruption enforcement.
For Jonathan Armstrong’s posts touching on these issues, see the following:
For some of Cordery Compliance’s writings on these topics, please see:
Rolls-Royce case sends a strong signal
Cease Processing Data Judgment
Mike, Jay and Jonathan are back with rants which follow the discussions.
The members of the Everything Compliance panel include:
- Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
- Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at email@example.com.
- Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of Compliance Week. Kelly can be reached at firstname.lastname@example.org
- Jonathan Armstrong – Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at email@example.com
In Part II, the top compliance roundtable podcast reviews the new DOJ FCPA Corporate Enforcement Policy.