Kate Atkinson and James Tillen discussed the increased international enforcement of anti-corruption laws, which can lead to companies facing violations in multiple countries simultaneously. Atkinson said the fear of "double jeopardy" exists largely because the Justice Department lacks formal agreements with other countries regarding multi-sovereign corruption prosecution. On a practical level, nations generally take into account what others are doing on anti-corruption cases, Atkinson said, and the Paris-based Organization for Economic Co-operation and Development encourages nations to collaborate on such cases.
The new UK anti-bribery law, and its different treatment of facilitating payments in particular, is prompting companies to rethink their FCPA programs, said Tillen. "Before, a company was well served by having an FCPA compliance program, but now more than ever you see a (more general) anti-corruption compliance program," Tillen said. Some companies are creating global policies, for simplicity’s sake, to ensure that they aren’t violating any anti-corruption laws, Tillen said.