Tackling the realities of due diligence in a global setting

By Kiera S Gans

The Resource Guide to US FCPA promulgated by the Department of Justice (DoJ) and the Securities and Exchange Commission (SEC) emphasises the need for appropriate due diligence and vetting before engaging third parties.

The guidance details the need to conduct risk-based due diligence in order to understand the qualifications and associations of prospective third-party partners; to ensure they are not willingly forging alliances with partners who are likely to commit acts of corruption; and to avoid subjecting themselves to possible liability under the FCPA as well as other anti-corruption laws. It sounds pretty straightforward.

The reality, however, is that for even the most conscientious of companies, real hurdles exist to conducting fulsome due diligence in a global setting…

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