April 21, 2021

Thesaurus : Doctrine

BURLINGAME, Roger🕴️, COPPENS, Karen🕴️, POWER, Noel🕴️ & LEE Dae Ho🕴️

📝Compliance : lutte internationale contre la corruption et gestion des risques, in 🕴️M.-A. Frison-Roche (ed.), 📕Les outils de la Compliance

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â–ş Full Reference : R. Burlingame, K. Coppens, N. Power and D.H. Lee, "Compliance : lutte internationale contre la corruption et gestion des risques" ("Compliance: international anti-corruption and risk management"), in M.-A. Frison-Roche (ed.), Les outils de la Compliance, coll. "RĂ©gulations & Compliance", Journal of Regulation & Compliance (JoRC) and Dalloz, 2021, p. 181-192.

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đź“•read a general presentation of the book, Les outils de la Compliancein which this article is published

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â–ş Summary of the article (done by the Journal of Regulation & Compliance): The authors show that the authors certainly face a diversity of legal systems due to their multiple localization, but in reality in terms of fight against corruption the French authority, the English authority and the American authority develop similar requirements in a common spirit.

Indeed by reading the texts, in particular soft law, issued by the French Anticorruption Agency, the Department of Justice and the Serious Fraud Office, it appears that the primary concern is in the effectiveness of the compliance program adopted by companies. The authorities of the three countries also stress the need for the company's governing bodies to actively promote and disseminate the culture of anti-corruption compliance. For the three authorities, it is more precisely necessary that this program be adapted and tailor-made, that the governing body commits itself to its effective compliance and that a code of conduct, effective training and communication actions, the program to be based on structural internal investigation and whistleblowing mechanisms, and refer to an evaluation.

The authors show that beyond the specificities of each of the systems, the three authorities are united in the fight against corruption, which reduces the insecurity of internationally exposed companies.

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