On November 29, 2017, U.S. Department of Justice (DOJ) Deputy Attorney General Rod Rosenstein delivered remarks on the Foreign Corrupt Practices Act (FCPA), including the announcement of a revised FCPA Corporate Enforcement Policy to be incorporated into the U.S. Attorneys' Manual. The DOJ's 2016 Pilot Program was aimed at promoting voluntary self-disclosures by corporations and resulted in 22 voluntary self-disclosures during its first year compared to 13 in the previous year. The new Policy maintains some parts of the 2016 Pilot Program while adding two presumptions and one item of guidance. First, when a company satisfies the voluntary self-disclosure standards, fully cooperates and provides timely and appropriate remediation, the presumption is that the DOJ will resolve the case by declining to pursue enforcement. Second, if a company voluntarily discloses wrongdoing and satisfies all other requirements, but an enforcement action is necessary due to other factors, the DOJ will recommend a 50% reduction from the bottom end of the fine range set out by the Sentencing Guidelines. Finally, the Policy specifies how the DOJ will evaluate an appropriate compliance program, including certain items that should be included in an effective compliance and ethic program. For more information, see https://www.justice.gov/opa/speech/deputy-attorney-general-rosenstein-delivers-remarks-34th-international-conference-foreign.
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16 September 2018 - Article