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Anti Bribery Policy Generator for the USA

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Key Requirements PROMPT example:

Anti Bribery Policy

"Need an Anti Bribery Policy for our medium-sized technology company that operates in the US and Europe, with specific focus on third-party relationships and gift policies, to be implemented by March 2025."

Document background

The Anti-Bribery Policy serves as a crucial compliance tool for organizations operating in the United States and internationally. With increasing regulatory scrutiny and severe penalties for corruption-related violations, organizations must establish clear guidelines and procedures to prevent bribery. This policy document outlines compliance requirements under the U.S. Foreign Corrupt Practices Act (FCPA) and related regulations, providing specific guidance on prohibited activities, due diligence requirements, and reporting procedures. It helps organizations demonstrate their commitment to ethical business practices while protecting against legal and reputational risks.

Suggested Sections

1. Purpose and Scope: Outlines the policy's objectives and who it applies to within the organization

2. Policy Statement: Clear statement of zero-tolerance approach to bribery and commitment to ethical business practices

3. Definitions: Key terms including 'bribery', 'corruption', 'facilitation payments', 'public official', and other relevant terminology

4. Prohibited Conduct: Detailed description of activities that constitute violations of the policy, including examples

5. Gifts and Hospitality: Guidelines on acceptable and unacceptable practices regarding gifts, entertainment, and hospitality

6. Reporting Procedures: Process for reporting suspected violations, including whistleblower protection measures

7. Consequences of Non-Compliance: Disciplinary measures and potential legal consequences for policy violations

Optional Sections

1. Purpose and Scope: Outlines the policy's objectives and who it applies to within the organization

2. Policy Statement: Clear statement of zero-tolerance approach to bribery and commitment to ethical business practices

3. Definitions: Key terms including 'bribery', 'corruption', 'facilitation payments', 'public official', and other relevant terminology

4. Prohibited Conduct: Detailed description of activities that constitute violations of the policy, including examples

5. Gifts and Hospitality: Guidelines on acceptable and unacceptable practices regarding gifts, entertainment, and hospitality

6. Reporting Procedures: Process for reporting suspected violations, including whistleblower protection measures

7. Consequences of Non-Compliance: Disciplinary measures and potential legal consequences for policy violations

Suggested Schedules

1. Red Flag Indicators: Comprehensive list of warning signs that might indicate bribery risk or suspicious activity

2. Gift and Hospitality Register Template: Standard form for recording and tracking gifts, entertainment, and hospitality

3. Compliance Certification Form: Document for employees to certify their understanding and compliance with the policy

4. Due Diligence Checklist: Detailed checklist for evaluating and documenting third party due diligence

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses































Industries

Foreign Corrupt Practices Act (FCPA): Primary U.S. federal law prohibiting bribery of foreign officials, requiring proper accounting practices and internal controls. Applies to U.S. companies, individuals, and foreign entities listing on U.S. exchanges.

18 U.S.C. ยง 201: Federal domestic bribery statute addressing bribery within U.S. territory and involving U.S. public officials.

Travel Act: Federal law that prohibits travel or use of facilities in interstate commerce to promote unlawful activities, including bribery.

Mail and Wire Fraud Statutes: Federal laws prohibiting fraudulent schemes using mail or electronic communications, which can include bribery schemes.

State Anti-Bribery Laws: Various state-specific legislation addressing bribery and corruption at the state level.

UK Bribery Act: International legislation relevant for companies with UK operations, often considered more stringent than FCPA.

OECD Anti-Bribery Convention: International convention establishing legally binding standards to criminalize bribery of foreign public officials in international business transactions.

UN Convention Against Corruption: Global anti-corruption treaty addressing prevention, criminalization, international cooperation, and asset recovery.

DOJ/SEC FCPA Resource Guide: Regulatory guidance document providing detailed information about FCPA interpretation and enforcement.

DOJ's Evaluation of Corporate Compliance Programs: Guidelines used by DOJ to evaluate the effectiveness of corporate compliance programs during investigations.

Federal Sentencing Guidelines: Framework for sentencing organizations in federal criminal cases, including provisions for compliance and ethics programs.

Sarbanes-Oxley Act: Legislation requiring enhanced corporate governance and financial disclosure from public companies, including internal control requirements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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