What has the Justice Department compliance counsel, Hui Chen, brought to the table for the compliance professional? The Man From FCPA considered that question when reviewing the very public pronouncements of Assistant Attorney General Leslie Caldwell and the information available in the Justice Department’s FCPA Pilot Program around remediation.
Some of the areas Caldwell had touched upon include the following: A compliance program should be industry-specific and metrics-oriented corporate compliance programs tailored to your business. You must not only train on their compliance programs but also continually communicate the philosophy of doing compliance up and down through the organization. You must demonstrate evidence that there is more than simple appropriate tone at the top, it is a tone that must be communicated throughout the company. Transaction monitoring is becoming a standard practice in compliance. Finally, all of this must be Documented, Documented, and then Documented because if you cannot prove to the DOJ you have done all of the above, they will assume you have not done so.
Hui Chen has laid out certain metrics she will consider in her review of your compliance program. In the area of policy review she will consider whether a company has reviewed its policies and practices to keep them up to date with evolving risks and circumstances. For third parties, she will inquire whether a company has trained, informed and obtained written assurances that third parties, vendors, suppliers, and consultants understand company's commitment to compliance. A key metric for Chen is whether the Chief Compliance Officer is empowered to perform the function with both head count and monetary resources. She will look at communication, training and advice provide or available to company employees by a corporate compliance function. Finally are there easily understood, written policies and procedures, available to company employees in their native language.
The Justice Department does not require a reading of tea leaves or divination rod to understand what their enforcement priorities are going forward. These very public pronouncements are available to anyone who cares to follow these issues.