Seal of the U.S. Securities and Exchange Commission. (Photo credit: Wikipedia) |
New
DOJ/SEC Guide Makes Clear Statement: Sentencing Guidelines for
Organizations, Compliance and Ethics Programs Matter in FCPA Enforcement
Arlington, VA - Ethics Resource Center (ERC) President Patricia J. Harned made the following remarks after reviewing A Resource Guide to the U.S. Foreign Corrupt Practices Act. The Department of Justice (DoJ) and the U.S.
Securities and Exchange Commission (SEC) released the guide Wednesday,
which provides a detailed discussion regarding enforcement of the
Foreign Corrupt Practices Act (FCPA). In a section emphasizing the
critical role of senior and middle managers in establishing a culture of
compliance, the report cites findings from the ERC's National Business
Ethics Survey® (NBES®).
"We
applaud the DOJ and SEC for this unprecedented joint effort to address
the enforcement of the FCPA. Most businesses wish to compete fairly in
foreign markets, and historically the expectations and priorities of the
enforcement community with regard to the FCPA have been difficult to
discern. To that end, the Guide provides extensive detail that answers many important questions.
"We
commend the DOJ and SEC for emphasizing the importance of effective
corporate compliance and ethics programs, and pointing to the Federal
Sentencing Guidelines for Organizations (FSGO) as a framework for
evaluating a pre-existing program. When an organization builds a program
based upon the elements described in the FSGO, they reduce the risk of
noncompliance. To the extent that the DOJ and SEC reinforce these
elements as they give credit for a pre-existing program, they will
encourage corporate investment in compliance and ethics practices that
improve conduct.
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