It’s hard enough for most companies to train their own employees about FCPA compliance.
But now, according to Nordam’s non-prosecution agreement, the DOJ wants training pushed out to all third parties that represent a compliance risk.
Privately held Nordam, an aircraft maintenance company based in Tulsa, paid $2 million and entered into a three-year non-prosecution agreement this month with the DOJ to resolve FCPA violations. The company and affiliates bribed ’employees of airlines created, controlled and exclusively owned by the People’s Republic of China in order to secure contracts’ from those airlines, the DOJ said.
Last year, every FCPA enforcement action somehow involved third party intermediaries — partners, agents, suppliers, distributors, and consultants.
So it’s no surprise the DOJ is now telling companies to extend training to those intermediaries.
In Nordam’s July 16 non-prosecution agreement (Attachment B, Corporate Compliance Program), the DOJ required the company to:
Train directors, officers, employees, agents, consultants, representatives, distributors, joint venture partners, and relevant employees thereof, who present corruption risk to the Company, on the anti-corruption laws and the Company’s policies and procedures regarding anti-corruption laws.
It’s up to Nordam (and everyone else) to figure out just how to meet the requirement.
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