Practices and Industries
International
Global Compliance and Risk Management
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A number of regulatory and enforcement trends are leading U.S. companies and their foreign affiliates to reexamine the efficacy of their international corporate compliance programs. Each year, compliance hurdles are pushed higher by increasingly complex regulatory regimes and a growing emphasis on self-regulation. International regulatory enforcement in particular has consistently trended upward, with more frequent and more aggressive enforcement actions ― and more severe corporate and individual penalties — across the board. Enforcement officials are imposing higher compliance standards and, consistent with their legal mandate, viewing the absence of an effective compliance program as an aggravating factor in investigations and enforcement actions. At the same time, competitive pressures have similarly increased, creating the need for more cost-effective compliance.
We draw on unparalleled depth and breadth of expertise in a wide range of international regulatory areas — anti-corruption laws, export controls and economic sanctions, customs laws, anti-boycott laws, international antitrust laws, the Economic Espionage Act, anti-money laundering laws, and the Sarbanes-Oxley Act — in working with clients to develop and implement effective international compliance programs. Working in and across these areas enables our lawyers to identify and advise not only on the requirements of particular regulatory regimes, but also on their points of intersection and potential conflict. Our compliance expertise derives from our extensive experience in counseling and representing clients on compliance and enforcement matters, from our leadership positions in various bar and non-governmental organizations, and from the insights of our members who have served in high-level positions in the U.S. Government agencies enforcing these laws. For example, our compliance team includes a former Assistant Secretary for Export Enforcement of the U.S. Department of Commerce, a former Chief Counsel of the U.S. Customs Service, and a former General Counsel of the U.S. Department of Commerce.
Our recent engagements have included the following:
- Designing, auditing, and updating compliance policies and procedures; some focused on a single regulatory regime, some covering a broad range of regulatory issues;
- Conducting live training for clients in the U.S. and abroad, as well as producing an instructional video package on compliance with the Foreign Corrupt Practices Act;
- Assisting clients in conducting customs compliance self-assessments under U.S. Customs Service guidelines, and representing clients in formal compliance audits conducted by the Customs Service;
- Working with clients to conduct international compliance due diligence in mergers and acquisitions, and to get programs up and running in the merged or acquired entities.
Related Publications
International Issues Preview 2008Foreign Affairs: When Buying Overseas, Companies Need to Expand Their M&A Due Diligence to Include FCPA Compliance or Risk an Enforcement ActionAuthor(s): Mark Rochon, James TillenPreview of International Issues for 2007
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