Foreign Corrupt Practices Act Compliance Certification
(Employees)

Summary

This Foreign Corrupt Practices Act (FCPA) compliance certification template may be used for company employees to provide annual written confirmation that they are familiar with and understand the FCPA, the employer's ethics code and policies, and their current and ongoing compliance with the law. This template includes practical guidance and drafting notes. A standard best practice used by companies in managing their anti-bribery compliance programs is to obtain written certificates from all relevant personnel regarding compliance with anti-bribery laws and company policies that apply to their engagements. Accordingly, a company's decision to follow this practice will be a favorable factor when regulators assess the effectiveness of a company's anti-bribery compliance program under the FCPA and any other applicable anti-bribery laws. This certificate can be used in conjunction with a broad range of commercial agreements used by companies to engage third parties. Drafters should modify the language in this template, as necessary, to address the specific types and level of risks for each engagement. For more information on the FCPA, see Foreign Corrupt Practices Act (FCPA), Foreign Corrupt Practices Act Internal Investigations and Enforcement Proceedings, Risk-Based Due Diligence of Third Parties in Commercial Transactions, Foreign Corrupt Practices Act (FCPA) and UK Bribery Act Compared, FCPA Liability for Third-Party Conduct: Identifying Pitfalls and Minimizing Risk, Commercial Bribery & Corporate Criminal Liability State Law Survey, and the Bribery and Corruption Resource Kit and International Trade Resource Kit. For templates and checklists related to the FCPA, see the following: Foreign Corrupt Practices Act Policy, Anti-Bribery Compliance Certificate (Third-Party Intermediaries), Corporate Ethics Policy (Improper or Questionable Payments), Policy for the Use of Third-Party Agents, Anti-Bribery Representations and Warranties Clause, Anti-Bribery Covenant Clauses (Third-Party Intermediaries), Anti-Bribery Representations and Warranties Clauses (Third-Party Intermediaries), FCPA and FEPA Joint Venture Agreement Representations and Warranties Clause, Foreign Corrupt Practices Act (FCPA) Representation for Underwriting Agreement Clause, Foreign Corrupt Practices Act Compliance Programs Checklist, Foreign Corrupt Practices Act (FCPA) Due Diligence Checklist, and the Foreign Corrupt Practices Act (FCPA) Investigation Best Practices Checklist. For a detailed discussion of FCPA compliance program components, see Complying with the Foreign Corrupt Practices Act § 10.04.