One of the areas which is universally listed as a
component of a best practices compliance policy under the Foreign
Corrupt Practices Act (FCPA), UK Bribery Act and OECD Good Practices is that of
a written compliance code. However this is not an area that most compliance
practitioners spend much time thinking about in the implementation, assessment
or updating of their company's compliance program. This article will discuss
some suggestions to aid your efforts to create effective written compliance
policies and procedures.
The following language for each of the above laws or
policies sets out what is expected in the area of a written compliance policy
In his book entitled, "Achieving
100% Compliance of Policies and Procedures" author Stephen
Page lists five key areas which he believes should be addressed in writing
effective compliance policies and procedures. He believes that if a compliance
practitioner follows these pointers in drafting and implementing compliance
policies and procedures, the "highest degree of success" can be achieved. His
five suggestions are as follows.
As noted above, written compliance policies and
procedures is a key to any best practices compliance program. Stephen
Page has provided thoughtful, yet concrete guidelines to assist the FCPA or
Bribery Act compliance practitioner to create written policies and procedures
which are understandable and accessible to your company's employees. We commend
his book to you as a valuable resource.
Visit the FCPA Compliance and Ethics Blog,
hosted by Thomas Fox, for more commentary on FCPA compliance, indemnities and
other forms of risk management for a worldwide energy practice, tax issues
faced by multi-national US companies, insurance coverage issues and protection
of trade secrets.
This publication contains general information
only and is based on the experiences and research of the author. The author is
not, by means of this publication, rendering business, legal advice, or other
professional advice or services. This publication is not a substitute for such
legal advice or services, nor should it be used as a basis for any decision or
action that may affect your business. Before making any decision or taking any
action that may affect your business, you should consult a qualified legal
advisor. The author, his affiliates, and related entities shall not be
responsible for any loss sustained by any person or entity that relies on this
publication. The Author gives his permission to link, post, distribute, or
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© Thomas R. Fox, 2011
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