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Anti Corruption Policy Generator for the USA

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Key Requirements PROMPT example:

Anti Corruption Policy

"Need to draft a comprehensive Anti Corruption Policy for our manufacturing company that operates in both the US and Southeast Asia, with particular emphasis on third-party due diligence and facilitation payments, to be implemented by March 2025."

Document background

The Anti-Corruption Policy serves as a cornerstone document for organizations operating in or from the United States, establishing comprehensive guidelines to prevent corruption and ensure compliance with anti-corruption laws. This policy is essential for organizations conducting international business or dealing with government officials, as it addresses requirements under the FCPA and related legislation. The policy typically includes provisions for due diligence, gift and entertainment protocols, third-party engagement, and internal controls. It's particularly crucial given the increasing global focus on anti-corruption enforcement and the severe penalties for non-compliance.

Suggested Sections

1. Purpose and Scope: Defines the policy's objectives and who it applies to

2. Definitions: Key terms used throughout the policy including 'corruption', 'bribery', 'government official', and 'facilitation payments'

3. Anti-Bribery and Corruption Principles: Core rules and prohibited conduct under FCPA and other applicable laws

4. Gifts and Hospitality: Guidelines for acceptable and prohibited gifts/entertainment, including monetary thresholds and approval requirements

5. Third Party Due Diligence: Requirements for vetting and monitoring third parties, including risk assessment procedures

6. Reporting and Investigation: Procedures for reporting violations, whistleblower protections, and investigation process

Optional Sections

1. Purpose and Scope: Defines the policy's objectives and who it applies to

2. Definitions: Key terms used throughout the policy including 'corruption', 'bribery', 'government official', and 'facilitation payments'

3. Anti-Bribery and Corruption Principles: Core rules and prohibited conduct under FCPA and other applicable laws

4. Gifts and Hospitality: Guidelines for acceptable and prohibited gifts/entertainment, including monetary thresholds and approval requirements

5. Third Party Due Diligence: Requirements for vetting and monitoring third parties, including risk assessment procedures

6. Reporting and Investigation: Procedures for reporting violations, whistleblower protections, and investigation process

Suggested Schedules

1. Red Flags Checklist: Comprehensive list of warning signs for potential corruption and bribery

2. Gift and Hospitality Register Template: Standard form for recording gifts and entertainment given or received

3. Due Diligence Questionnaire: Standard form for vetting third parties including agents, consultants, and business partners

4. Approval Matrix: Authority levels for various types of transactions and decisions related to anti-corruption compliance

5. Training Requirements: Schedule of required anti-corruption training for different employee categories

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): The cornerstone of U.S. anti-corruption law that includes anti-bribery provisions, books and records provisions, and internal controls requirements

Travel Act: Federal legislation that covers commercial bribery and can be used to prosecute both domestic and foreign corruption cases

Sarbanes-Oxley Act: Legislation primarily focused on public companies' internal controls and financial reporting requirements to prevent fraud

Dodd-Frank Act: Contains important whistleblower provisions and protections related to reporting corruption and financial misconduct

UN Convention Against Corruption: International anti-corruption treaty that provides framework for international cooperation in preventing and combating corruption

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

UK Bribery Act: British legislation with extraterritorial reach that must be considered when doing business with UK entities or operating in UK jurisdictions

State Commercial Bribery Statutes: Various state-specific laws that address commercial bribery and corruption at the state level

State Anti-Kickback Laws: State-specific legislation prohibiting kickbacks in business transactions and government contracting

DOJ/SEC FCPA Resource Guide: Official guidance document providing detailed information about the FCPA's anti-bribery and accounting provisions

Federal Sentencing Guidelines: Guidelines that provide framework for penalties and mitigation factors in corporate compliance cases

DOJ Evaluation of Corporate Compliance Programs: Guidance document outlining how the Department of Justice evaluates corporate compliance programs during investigations

Industry-Specific Regulations: Sector-specific anti-corruption requirements that vary by industry (e.g., healthcare, defense, financial services)

Corporate Compliance Standards: Internal corporate standards and best practices for preventing and detecting corruption

Stock Exchange Listing Requirements: Anti-corruption and compliance requirements specific to companies listed on various stock exchanges

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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