The specific written policies and procedures required for a best practices compliance program are well known and long established. The 2012 FCPA Guidance stated, “Among the risks that a company may need to address include the nature and extent of transactions with foreign governments, including payments to foreign officials; use of third parties; gifts, travel, and entertainment expenses; charitable and political donations; and facilitating and expediting payments.” Policies help form the basis of expectation and conduct in your See more +

The specific written policies and procedures required for a best practices compliance program are well known and long established. The 2012 FCPA Guidance stated, “Among the risks that a company may need to address include the nature and extent of transactions with foreign governments, including payments to foreign officials; use of third parties; gifts, travel, and entertainment expenses; charitable and political donations; and facilitating and expediting payments.” Policies help form the basis of expectation and conduct in your company. Procedures are the documents that implement these standards of conduct.

Three key takeaways:

1. The Code of Conduct, together with written compliance policies and procedures form the backbone of your compliance program.

2. The DOJ and SEC expect a well-thought out and articulated set of compliance policies and procedures.

3. The Fair Process Doctrine holds for the application of policies and procedures. See less -