In my previous posts I mentioned the importance of an effective compliance program, especially under United States Federal Law. However, in order to do so, certain elements have to be present. Failure to comply with these seven (7) elements will render a compliance program insufficient. What are they?
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- Compliance standards and procedures (e.g., a code of conduct) must be implemented
- There must be oversight of the compliance program by high-level personnel (i.e., the Board of Directors should oversee the program)
- There must be due care when delegating authority
- There must be effective communication of standards and procedures, including training
- There needs to be an auditing/monitoring/reporting system in place
- Compliance must be promoted and enforced throughout the organization
- There needs to be an appropriate response after a violation is detected
Remember, companies doing business in the U.S. that fail to enact an effective compliance program do so at their own peril. In 1996, a New York Federal Court sentenced Daiwa Bank to pay a $340 Million fine. The prosecution arose from of a report of an unauthorized, off the books trading scheme in which bank officials conspired to conceal $1.1 Billion in losses from bank regulators. The principle reason for the $340 Million fine? Lack of a “meaningful compliance program”.
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Therefore, companies doing business in the U.S. must understand the need to comply with U.S. laws and regulations. Daiwa Bank could have avoided the large fine had it followed the requirements of the Guidelines. The fine was levied not because Daiwa Bank was bad or greedy, but simply because they failed to comply with U.S. regulatory requirements.
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