U.S. Chamber Comments on Justice Department's FCPA Enforcement Pilot Program

April 06, 2016

WASHINGTON, D.C. — Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the U.S. Department of Justice’s (DOJ) announcement of a Foreign Corrupt Practices Act (FCPA) enforcement pilot program:

“We are pleased that DOJ has recognized the importance of clarifying, through guidance and transparent decision-making, how it will enforce the FCPA. We’re particularly encouraged that this new program details how the DOJ will respond to companies who voluntarily report misconduct. This is a policy change we have long sought.

“Of concern, however, is the requirement that companies also satisfy the so-called ‘Yates Memo,’ which will make it harder for companies to voluntarily cooperate with DOJ, despite their best efforts. It pits the company against its employees during an investigation, at a time when the company is dependent on them to learn key facts and implement compliance improvements.

“The DOJ’s pilot program is a good step toward greater cooperation and clarity, and we look forward to continuing our dialogue with them to achieve further improvements to foster compliance and transparency.”

ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.