The new FCPA guidance from the DOJ and SEC recommends a couple of earlier publications from other parts of the government.
The first comes from the Department of Commerce’s International Trade Administration. It’s called Business Ethics: A Manual for Managing a Responsible Business Enterprise in Emerging Market Economies.
The 355-page manual was published in 2004. It talks about how to create a corporate or civil society ethics program, what should be in it, and how to make the program work.
In his introduction, Donald Evans, who was then the U.S. Secretary of Commerce, said:
Having spent most of my life working in American business, I am compelled to ask, “If businesses fail to honor their responsibilities to society and don’t believe in corporate stewardship, who in our society will?” Corporate stewardship protects the whole “human ecology” of the corporation and its communities, nurturing the long-term economic growth of both and of their human resources.
An older publication recommended in the new guidance was published by the State Department in 2001. The 55-page brochure is called Fighting Global Corruption: Business Risk Management. It’s a high-altitude look at the problem of corruption and what to do about it.
‘As we enter the 21st Century,’ Colin Powell wrote as Secretary of State in the introduction, ‘more people throughout the world are rejecting the notion that corruption is inevitable. Success depends on impartial democratic institutions, open elections, and an unfettered access to information. Success also requires leadership by the private sector and active participation by citizens. Promoting integrity in government and the marketplace improves the global governance climate, nurtures long-term growth, and extends the benefits of prosperity to all people.’
The Commerce Department’s Business Ethics: A Manual for Managing a Responsible Business Enterprise in Emerging Market Economies is available here.
The State Department’s Fighting Global Corruption: Business Risk Management is available here.