Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

Tom Fox/Jonathan Marks 13 Steps Compliance Action Plan

My friend Tom Fox has recently posted two posts on FCPA Compliance and Ethics Blog:

1. Jonathan Marks' 13 Step FCPA Compliance Action Plan (January 11, 2011) -

2. Jonathan Marks' 13 Step FCPA Compliance Action Plan - the details (January 19, 2011) -

Both posts are fantastic and Tom Fox has granted me permission to share the 13 Step FCPA compliance action plan on Trade Lawyers Blog. My reason for sharing is two-fold:

(a) The concept of compliance is increasing in importance in Canadian law (e.g., Corruption of Foreign Public Officials Act, Export and Import Permits Act, Special Economic Measures Act, Defence Production Act, Customs Act, Canada Consumer Product Safety Act, etc.);

(b) Canadian businesses know they need to improve their compliance regimes and do not know where to start.

The 13 step FCPA compliance action plan is set out below and contains great ideas on hold to start to move forward with a compliance action plan. Jonathan’s 13-step action plan includes the following:

1. Assisting in obtaining top-level commitment from boards and senior executives, setting the “tone from the top"

2. Executing a Corruption and Bribery Risk assessment that drives the compliance program and modifies it accordingly

3. Improving/Strengthening Internal Controls

4. Structuring and Defining Roles & Responsibilities

5. Performing Risk-based Third Party Due Diligence

6. Developing Clear, Practical, Current and Accessible Policies and Procedures

7. Documenting a Detailed Multi-year Compliance Plan

8. Defining Appropriate Disciplinary Procedures

9. Ensuring Robust Monitoring and Review (Utilizing Internal Audit)

10. On-going Training

11. Violation Reporting System is in Place and Multi-lingual

12. Reviewing Ancillary Risk Mitigation Procedures

13. Performing Independent Compliance Program Testing Annually

After preparing the 13 step FCPA compliance action plan, Jonathan added more details to these steps (see second blog post linked above).

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