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Oh The Hypocrisy

In this recent opinion column, John Podesta (the chair of Hillary Clinton’s 2016 presidential campaign) calls SEC Chair Jay Clayton “a public critic of the FCPA.”

However, just because one voices some concerns as to how the FCPA is enforced (as a committee that Clayton chaired did in a 2011 report titled “The FCPA and its Impact on International Business Transactions – Should Anything Be Done to Minimize the Consequences of the U.S.’s Unique Position on Combating Offshore Corruption?”) does not make one a “public critic of the FCPA” (the law itself).

In recent years there was a high-profile and vocal critic of not only how the FCPA was enforced, but the FCPA itself. And that person was Andrew Weissmann, who in January 2015 joined the Obama Department of Justice to become Chief of the DOJ’s Fraud Section.

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Friday Roundup

Roundup

Quotable, no reliable way to measure, Microsoft explains, scrutiny alert, a direct selling license in China, and offensive use of the FCPA. It’s all here in the Friday roundup.

Quotable

Some think – or at least I’ve been told – that certain of my Foreign Corrupt Practices Act views are controversial or out of the “main stream” (whatever the “main stream” actually is or means). Yet, I am confident that much of what I write and talk about represents silent majority views.

Indeed, as I’ve commented before, one of the interesting things about writing about the FCPA and related issues on a daily basis is that often I just need to wait for a former FCPA enforcement official to say the same thing. 

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Friday Roundup

Roundup

Is ISO 37001 a flop?, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup.

Is ISO 37001 a Flop?

Microsoft has been under FCPA scrutiny since March 2013.

This recent blog post by David Howard (Microsoft’s Corporate Vice President & Deputy General Counsel) titled “An Update on Microsoft’s Approach to Compliance” caught my eye. It begins:

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ISO 37001 – Not Quite A “Complete Yawner”

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A goal of FCPA Professor has always been to foster a forum for critical analysis and discussion of the Foreign Corrupt Practices Act and related topics.

Consistent with this goal, today’s post is from Christopher Bell (Greenberg Traurig) responding in part to my October 2016 post titled “ISO 37001 Is A Complete Yawner.”

Bell was a member of the U.S. team involved in the negotiation and drafting of ISO 37001, has been involved in the negotiation and implementation of various ISO standards since the mid-1990s, and has decades of experience advising companies around the world on the evaluation and implementation of compliance systems.

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ISO 37001 Is A Complete Yawner

yawn

Last week the International Organization for Standardization (ISO) released ISO 37001 anti-bribery management systems – requirements with guidance for use. (See here for ISO’s release and here for a summary document. To obtain the actual document you have to pay for it which I regret that I did).

One’s view of ISO 37001 likely depends on one’s background, experience and motivation.

If you are familiar with the numerous sources of best practices in the anti-bribery space, then ISO 37001 is a complete yawner, indeed a disappointment as several best practices are not even captured in the purported best practices document.

If you are not familiar with the numerous sources of best practices in the anti-bribery space, and/or you are seeking to market your compliance practice, then ISO 37001 is probably a big deal.

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