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Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws

Mike Koehler

In the minds of some, complying with the US Foreign Corrupt Practices Act and related laws such as the UK Bribery Act is easy: ‘you just don’t bribe’. The reality, as sophisticated professionals know, is not so simple. This book is for professionals across various disciplines who recognize the difficulties of compliance and want to learn strategies for minimizing risk under aggressively enforced corporate bribery laws. The book uses issue-spotting scenarios to present risk and guides professionals through various components of compliance best practices from the fundamentals of conducting a risk assessment and effectively communicating compliance expectations, to implementing and overseeing compliance strategies.
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Mike Koehler


Despite the claims of some, complying with the FCPA and related laws is not as simple as “you just don’t bribe.” Like other forms of legal liability, eliminating risk is not possible. However, business organizations can most certainly minimize risk and the goal of this book was to provide a diverse group of professionals with the best available tools to accomplish this important goal. You should now understand why spotting risk under the FCPA and related laws is an important skill set and have the ability to effectively communicate the wide-ranging negative effects of scrutiny and enforcement. You should now also have a pair of “FCPA goggles” and be familiar with the wide range of circumstances in which scrutiny and enforcement may arise when doing business in the global marketplace as well as the ability to use your acquired knowledge to confidently conduct a risk assessment of a business organization. More broadly, you should now also be well versed on the many other aspects of compliance best practices highlighted throughout this book including: effective communication of policies and procedures, the importance of holistic compliance, and risk management strategies relevant to oversight responsibility and continuous improvement.

Compliance professionals and business managers often face an uphill battle when it comes to compliance with the FCPA and related laws. Remember though that the compliance function serves two goals: first and most importantly to legitimately and in good faith minimize risk; and second to allow the business organization to tell the best...

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