FCPA Compliance and Ethics Blog

May 29, 2012

Frequently Asked Questions on the FCPA and Bribery Act-a New Book Answers Them

Many Chief Compliance Officers (CCO’s), General Counsels (GC’s) and others in the compliance area, say that there is often too much information widely available on compliance. It makes it sometimes difficult to sort through it all to find out the specific answers to specific questions that are often required in the corporate world for the business unit folks. More and more dedicated compliance practitioners are publishing books which can be used as excellent resources in this arena. I often talk about Aaron Murphy and his work “Foreign Corrupt Practices Act – A Practical Resource for Managers and Executives” which is a very good one-volume work to keep handy and I have published a book entitled “Lessons Learned on Compliance and Ethics”. These are but two to refer to and as the compliance field matures there will be additional works to help the compliance officer in his or her day-to-day task of achieving compliance in their company.

I recently received a copy of a book entitled “Frequently Asked Questions in Anti-Bribery and Corruption” by David Lawler which is an excellent resource for the compliance practitioner. In this work, Lawler reviews the requirements for compliance programs which would withstand scrutiny under the UK Bribery Act, the US Foreign Corrupt Practices Act (FCPA) and Organization for Economic Cooperation and Development (OECD). It brings together not only information on compliance programs based upon these requirements but it is also a great resource for many specific issues relating to anti-bribery and anti-corruption.

The chapters are entitled as follows:

  1. Timeline
  2. Who Pays Bribes?
  3. What Are the Key Sets of Rules that Govern International Bribery
  4. Frequently Asked Questions
  5. How Do I Set Up Proportionate Yet Effective Anti-Bribery Compliance Procedures?
  6. How Do I Carry out a Review to Detect and Deter Bribery?
  7. Cautionary Tales – What Happens if You Get Caught?
  8. What Are My Predictions for 2012 and Beyond?
  9. Appendices

Lawler also provides references and information on how to get copy of at least the English statues on your smartphone using QR codes. Additionally Lawler includes a list of terms, acronyms and a ‘quick index’ which are extremely useful for the novice compliance practitioner.

The longest chapter is No. 4 “Frequently Asked Questions.” Here Lawler provides responses to 43 different queries ranging from “Is the Bribery Act Stricter than the FCPA?” and “How is an Actual FCPA Fine Calculated?” to “How Can I Stay Up to Date?” In answering all of these questions, Lawler initially provides a short answer to the question of a few paragraphs and then a longer and more detailed response of several pages. I found that the responses were very good and they pointed to additional resources that are available in the public record if additional research is warranted by the compliance specialist.

This book is a welcome addition to the anti-bribery and anti-corruption compliance library as it contains solid information on both the FCPA and UK Bribery Act. I strongly recommend that you obtain and use it in your own practice.

Frequently Asked Questions in Anti-Bribery and Corruption can be found on amazon.com by clicking here.

This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, his affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives his permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author. The author can be reached at tfox@tfoxlaw.com.

© Thomas R. Fox, 2012

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