Today, the Securities and Exchange Commission and Department of Justice jointly issued long-awaited formal guidance on the FCPA entitled 'A Resource Guide to the U.S. Foreign Corrupt Practices Act' ("the Guide"). The Guide is 120-pages long and is broken up into ten parts, plus appendices. Among the highlights are six detailed hypotheticals scattered throughout the Guide that explore a range of questions.
In this article, Marc Bohn breaks down the Guide, which he feels is a thoughtful attempt to comply with an OECD recommendation and provide clarity and practical guidance to the business community. He believes that some sections of the Guide, particularly those on gifts, travel and entertainment, the hallmarks of effective compliance programs, and the extended section on third-party vetting, should prove immediately useful in advising clients on real-world compliance challenges and bench-marking their compliance programs.