Comparison between ISO 37001 (anti-bribery management system) and the FCPA (Foreign Corrupt Practices Act). Nature, scope, requirements, sanctions, and complementarity in anti-corruption compliance programs.
ISO 37001 is a certifiable international standard establishing requirements for an anti-bribery management system. The FCPA (Foreign Corrupt Practices Act) is a US federal law prohibiting bribery of foreign officials. Although they operate on different planes — voluntary standard vs. mandatory legislation — both are pillars of any anti-corruption compliance program with international reach.
ISO 37001 and the FCPA are not alternatives: they complement each other. The FCPA defines what is prohibited and its consequences; ISO 37001 provides the management framework to prevent violations. For Latin American organizations with a US commercial nexus, implementing ISO 37001 constitutes demonstrable evidence of anti-corruption due diligence that DOJ prosecutors consider as a mitigating factor.
It does not grant immunity, but the DOJ and SEC consider the existence of a robust compliance program as a mitigating factor when determining sanctions.
Yes, if the company has any US nexus: listing on US stock exchanges, dollar transactions through the US banking system, US subsidiaries or business partners. The FCPA's extraterritorial reach has generated multiple enforcement actions against Latin American companies.
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