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FCPA Compliance Training: Clarity Needed
Just as corruption saps the entire GDP of many countries, it can destroy the profitability of a firm's overseas (or, for that matter, overall) business. My 'Confronting Corrupt Practices' article in A&FP's June 2007 edition surveyed some aspects of anticorruption training that law firms should consider.
That article identified 'hearts and minds' motivational training as essential for maintaining an organization's moral compass. But it also noted that the training challenge is complicated by definitional issues, especially those relating to the exception for 'facilitating payments' allowed by the Foreign Corrupt Practices Act ('FCPA'). This article briefly elaborates on that aspect of the problem.
While the ultimate goal of anticorruption training is to get all firm representatives to act properly, a key intermediate training goal is to help them clearly understand the topic. Even those with formal legal training may need to wrestle with the inherent ambiguity of some bribery-extortion situations; but for staff employees and business agents of the firm, it's primarily important that training support clear acquisition of basic concepts.
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Major Differences In UK, U.S. Copyright Laws
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