Bass, Berry & Sims attorneys Wally Dietz, Lindsey Fetzer and Abby Yi authored an article on the Department of Justice’s (DOJ) November 2017 announcement related to the new Corporate Enforcement Policy, making the FCPA Pilot Program permanent. While the Corporate Enforcement Policy and Pilot Program share core principles, there are some notable key differences that the authors outline:

  1. Under the Corporate Enforcement Policy, the DOJ will give a self-disclosing company the presumption of declination, even if a company’s disclosed conduct warrants an enforcement action.
  2. In the event that the self-disclosing companies do not qualify for the declination, the new Corporate Enforcement Policy offers a clear-cut 50-percent reduction.

The full article, “US FCPA Corporate Enforcement Policy,” was published by Global Trade on December 26, 2017, and is available online.