FCPAméricas Blog
Archive for FCPA Guidance category:
Investigating Oneself: Why Latin American companies should conduct internal reviews
3.12.2015
For companies managing FCPA compliance for years now, the importance of investigating allegations of internal wrongdoing might seem obvious. When an indication of an improper payment arises, it is better to get to the truth than to ignore it or to assume an innocent explanation that may not be supported by the facts. Indeed, this […]
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Move Over “Foreign Official”: There’s a More Important FCPA Debate
2.06.2015
A lot has been written about the definition of government “instrumentality” under the FCPA. That definition is important because it helps define the scope of the term “foreign official” for purposes of foreign bribery offenses. The May 2014 ruling by the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi helped […]
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Five Ways that Latin American Companies and Individuals Can Be Subject to FCPA Jurisdiction
12.18.2014
There is a lot of talk in Latin America these days about the FCPA. People throughout the region see investigation after investigation and settlement after settlement including companies and individuals from the region. They are asking more questions about the law, such as — How can Latin Americans be subject to a U.S. law? Here […]
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FCPA Compliance for SMEs: How smaller companies meet enforcement agency expectations
5.09.2014
FCPA compliance expectations for multi-national corporations (MNCs) are relatively clear. Enforcement authorities regularly describe them in FCPA resolutions and public statements, and FCPAméricas provides its own overview here. But how should small- and medium-sized enterprises (SMEs) apply these standards, especially smaller companies that still have significant corruption risk profiles? SME’s resources, personnel, and capacity are […]
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How Top-Level Management Shows FCPA Compliance Commitment
5.02.2014
One of the most important elements of an effective FCPA compliance program is top-level commitment, what might be called “tone from the top.” Those at the top of an organization are in the best position to foster a culture of compliance. As indicated in the FCPA Guidance, the DOJ and SEC “consider the commitment of […]