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The Trump Administration and Compliance

By Annette K. Ebright and Sarah F. Hutchins
September 02, 2017

There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first seven months of his presidency, there are still questions about where enforcement is heading in specific compliance areas. So how can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider:

1. Anti-Corruption

Although President Trump and Attorney General Jeff Sessions have each dismissed the Foreign Corrupt Practices Act (FCPA) in the past, Sessions has since indicated that he will continue to enforce the FCPA (the U.S. law prohibiting the payment of anything of value to a foreign official in order to obtain or retain business). Frankly, FCPA penalties are too big a moneymaker for the government, and the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have developed too much infrastructure — including labor, guidance and its Pilot Program, which provides for mitigation credit to self-disclosing companies that meet particular cooperation requirements — to eliminate all of it quickly.

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