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Corporate Governance

Corruption and compliance risk

Seeking to overcome economic doldrums, many companies in developed markets are expanding into high-growth markets. Yet this growth strategy brings with it a likely increase in fraud and corruption risk at a time when regulators around the globe are passing new laws and ramping up their efforts to crack down on corporate wrongdoing.

The new UK Bribery Act and China’s new anti-bribery law are two examples of new legislation that will impact companies globally. In the United States, the Department of Justice and the SEC continue to levy record-setting fines for violations of the Foreign Corrupt Practices Act (FCPA).

In this environment, audit chairs and corporate compliance officers are asking, “How much compliance is enough?” The Serious Fraud Office charged with enforcing the new UK Bribery Act says companies should ensure their compliance programs are continually improved and track updated regulatory guidance – such as the Organization for Economic Co-operation and Development’s best practices on internal controls, ethics, and compliance.

Audit committee chairs say they are encouraging their companies to adopt a risk-based approach to compliance, investing more efforts to fight corruption in areas where risks are greatest – and ensuring that senior management sets an ethical tone at the top. A culture of zero tolerance is the ultimate goal.

Explore this issue:

  • Bribery and corruption risk

    Richard Alderman, director of the Serious Fraud Office (which will enforce the new UK Bribery Act) and Nathaniel Edmonds, assistant chief of the Foreign Corrupt Practices unit of the US Department of Justice, advised audit committee chairs about how their companies should comply with anti-bribery laws.

  • Changes at the SEC’s Division of Enforcement

    Following the economic crisis, the Securities and Exchange Commission reinvigorated its Division of Enforcement and enhanced its efforts to coordinate with the US Department of Justice. Audit chairs discuss the SEC’s focus on FCPA and how their companies should cooperate with the SEC if FCPA violations are found.

  • Audit committee oversight of fraud and management malfeasance

    Members identified several proactive steps management and the board can take to prevent and detect fraud and other malfeasance, including FCPA violations.

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