Foreign Corrupt Practices Act and U.S. Sentencing Guidelines
Corporate corruption and unethical behaviors are unfortunately a reality. Left unchecked, they pose catastrophic risks to shareholders, officers, directors, and stakeholders. Understanding and adhering to the Foreign Corrupt Practices Act of 1977 (FCPA) and Chapter 8, Part B, of the U.S. Sentencing Guidelines (Federal Guidelines) is important. Since 1991, these Federal Guidelines have served as corporate America's blueprint in structuring effective programs to prevent and detect violations of law through a Compliance and Ethics Program (Program).
Organizations must exercise due diligence to prevent and detect criminal conduct in order to have an effective Program per the Federal Guidelines. This training session discusses the FCPA and Guidelines to better equip attendees on how to deal with these requirements within their workplaces. This includes a detailed review of the seven minimum requirements of the Federal Guidelines, as well as implementation guidance:
1. Establish standards and procedures to prevent and detect criminal conduct.
2. The board must be knowledgeable about the content and operation of the Program, and exercise reasonable oversight with respect to its implementation and effectiveness.
3. Must use reasonable efforts to avoid placing in a substantial authority position those whom the organization knew, or should have known, had engaged in illegal activities.
4. Communicate periodically and in a practical manner the Program's standards and procedures throughout the organization, including training.
5. Take reasonable steps to:
- Ensure that the Program is followed, including monitoring and auditing to detect criminal conduct
- Periodically evaluate the Program's effectiveness
- Have and publicize a system whereby the organization's employees and agents ca report potential or actual criminal conduct without fear of retaliation
6. Promote and enforce the Program consistently throughout the organization.
7. After criminal conduct has been detected, the organization shall take reasonable steps to respond appropriately and make necessary modifications to the organization's Program.

