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Compliance Risk Assessment
The Report of the Ad Hoc Advisory Group on the Organizational Sentencing Guidelines asks the Sentencing Commission to adopt a new guideline defining “effective program to prevent and detect violations of law” as used in USSG ' 82C.5(f). The Report recommends that the definition include conducting ongoing risk assessments as one of its elements. The assessments would have two aspects: 1) a determination of “the scope and nature of the risks of violations of law associated with an organization's activities,” and 2) use of the results of the assessments to “influence the design and implementation of a broad range of features of an effective [compliance] program.”
Whether or not the Commission adopts these recommendations, it makes good sense for organizations to follow them. Compliance programs are likely to be more effective if organizations conduct systematic risk assessments and use the results in designing and implementing their compliance programs.
Identification of the “scope and nature” of the risks of violations an organization faces is an absolutely necessary early step. If an organization's activities create opportunities for money laundering (a topic discussed in the Report), obviously the organization's compliance program must address that risk. Similarly, an organization must attend to the risks of violations of other bodies of law applicable to its operations (eg, securities laws, environmental laws, laws against bribery and other corrupt practices, workplace safety laws, and industry-specific regulatory laws).
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