The Rewards of Improved FCPA Compliance

Experts say beefed-up FCPA compliance should be 'recognized as a matter of law.'

, Corporate Counsel


When companies take steps to foster anticorruption compliance, should they get credit for it if a bribery violation occurs? Experts say beefed-up FCPA compliance should be 'recognized as a matter of law.'

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Originally appeared in print as The Best Defense . . .

What's being said

  • Robert Barker

    I agree on the need for a prosecutorial benefit, but companies experienced in international transactions will realize other benefits from a strict FCPA compliance regime. First, it sends a message in negotiations -- to your negotiators as well as the other side -- that your company will not pay bribes. Second, it sends a message to your negotiators that your company is interested in knowing the details behind its transactions. Third, a good negotiation will uncover the costs -- what are the profit margins of your suppliers and distributors? Fourth, it improves employee morale knowing that your company is a company that complies with law. If one needs a fifth -- and there are probably many more business reasons, then getting credit from the prosecutors in case something goes wrong is always a good thing. But complying with the law just to get credit for complying with the law is not the best reason for complying with the law.

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