Recently, White & Case and KPMG released the results of a “2023 Global Compliance Risk Benchmarking Survey” based on “opinions of 201 senior decision-makers from more than 30 countries.”
It is interesting to view several survey responses through the lens of what the DOJ and SEC want companies to do.
For instance, a meaningful percentage of organizations: have never conducted a risk assessment; do not have a written policy regarding engagement with and interaction with third parties; do not require third parties to complete anti-corruption training; do not conduct due diligence of third parties; or do not conduct audits on third parties to assess compliance with anti-corruption requirements.
None of these tasks of course are specifically required by the Foreign Corrupt Practices Act (or other related laws). However, failure to do these tasks have all been alleged in various FCPA enforcement actions most often as an alleged internal control deficiency.
Below are various survey results that caught my eye.
