Compliance Issues & Answers
Good Practice Guidance on Internal Controls, Ethics, and
Compliance
Adopted 18 February 2010
This Good Practice Guidance was adopted by the OECD Council as an
integral part of the Recommendation of the Council for Further Combating
Bribery of Foreign Public Officials in International Business
Transactions of 26 November 2009. Click
here for more
Recommendation of the Council for Further Combating Bribery of
Foreign Public Officials in International Business Transactions
26 November 2009
(With amendments adopted by Council 18 February 2010 to reflect the
inclusion of Annex II, Good Practice Guidance on Internal Controls,
Ethics and Compliance) Click
here for more
Anticipating and Planning for the Next Big Compliance
Issue:
Results of the 2009 SCCE Interactive Workshop Series
Over the last few years the compliance community has had to adjust to
success waves of changes in priorities as “new” compliance
issues are identified. With each new issue that arises compliance
teams are forced to scramble to put in place programs to manage this
new, suddenly hot risk area. Training must be developed, broad
communication plans are put in place, systems are examined, controls are
implemented and tested. Yet, each of these responses are reactive,
which means there is a gap between the controls in place and the risks
that exist.
To help change the dynamic the Society of Corporate Compliance and
Ethics conducted a series of interactive workshops in 2009 to:
- Identify what the next big issue is likely to be
- Determine how to appropriately respond to the issue when it
arises
There was also a third, and perhaps more important purpose for these
sessions: to find the common elements of the solutions developed
to create a framework that compliance professionals could use to meet
virtually any new challenge. Put another way, the goal was to
answer the question: how can I be prepared no matter what new risk
comes my way?
Download
Survey Results to learn what issues were identified and ideas for
how to manage them.
ACE Offers
Guidance on Conflicts of Interest in Higher
Education
Washington — The American
Council on Education has released a working paper meant to provide
guidance to college administrators on conflict-of-interest issues. The
paper outlines the kinds of policies that higher-education institutions
should have in place, along with situations that administrators should
consider under conflict-of-interest policies, such as when a college
official can accept a gift or own stock in a company.
The paper also covers conflicts of interest that institutions might
face in research or commercial deals, such as when a vendor offers a
gift to an institution.
The paper is available by clicking here
New Rules For Federal
Contractors
If You Work with the Federal Government New Compliance And Ethics
Rule Effective December 24, 2008.
SCCE Recorded
Audio Conference
The Importance of Board Oversight of a Company's
Compliance Program:
Stone Vs Ritter case
The Implication of Stone v. Ritter . Article written by Rebecca
Walker, partner law firm Kaplan & Walker LLP, published in
Compliance & Ethics magazine April, 2007. The Implications of Stone v. Ritter
Ethics Rule Proposed For Federal Contractors
The Defense Department, General Services Administration and NASA are
calling for public comment on proposed rule FAR Case 2006-007,
Contractor Code of Ethics and Business Conduct. This proposed rule
posted in the Federal Register February 16, 2007, is to establish a code
of ethics for contractors similar to the Federal Acquisition Regulation
(FAR) guidance on improper business practices and personal conflicts of
interest by federal procurement officials. The proposed rule adds a
Contractor Code of Ethics and Business Conduct to FAR. Code of Federal
Regulations (CFR) 48 parts 2,3,52.
For more info click here
How can the CEO make the difference?
Too many companies have made the headlines because of illegal and
unethical conduct. The cost to a company in terms of fines,
penalties, reputation and lost business can be staggering. The
individual costs to those involved can be shattering. We hear much about
the need for the right tone at the top, but what does this mean in
practical terms?
The following is just one list of ideas for executives to consider. A
creative executive, working with his or her compliance and ethics
professional, can probably come up with many more, but this is offered
as a pump primer to get the ideas flowing: click here for more.
Building Incentives In Your Compliance & Ethics
Program
By Joe Murphy
This is the final version of a white paper offered by the Society of
Corporate Compliance & Ethics. This paper is offered publicly
as an aid to the profession. Click here to download the paper.
An appendix of useful materials and practice tools is available in
the members-only section of the Web site. Click here to download the members-only version (you
may be asked to log in).
We invite comments, questions and additions to this project. Forms
and examples can be included for attribution or with identification
removed, as preferred by the submitter. Contributors will be
acknowledged in the credits.
Please send your comments to jemurphy@cslg.com.
New Survey Shows that Employees Don't Understand Perils of
Computer Use at Work
WeComply, a leading provider of business ethics and compliance
training, has released the results of a survey entitled
Nothing Personal: 2006 Survey of Computer Use at Work. Fielded by Kelton
Research, the survey asked 1,000 U.S. workers if
they realized that their "personal" computer activities at
work could wind up as business records of their employer.
Among the surprising results: more than half of those surveyed did
not realize that personal e-mail, instant-messaging and similar
activities on work computers could become business records that
expose them and their employers to liability.
For a copy of the survey report: go to http://www.wecomply.com/land/esi1.htm.
Austin, Texas City wide Ethics Audit, November
2002
On November 19, 2002, the Office of the City Auditor presented this
report to the City Council Audit and Finance Committee. click
here
Measuring Ethical Climate Risk: The Austin City
Auditor's Office found a correlation between a department's ethics and
its performance. click
here
United States vs. Caputo
Robert M. Riley, Vice-President of Regulatory Affairs and Chief
Compliance Officer, AbTox, Inc., is one of only a few Chief Compliance
Officers ever tried and convicted in federal court.
Click here to view the opinion
Settlement Agreement in Mellon Bank Case
Click here to view the agreement
California Law Mandates Sexual Harassment Training
Click here to download the law
U.S. Court of Appeals Rules on SOX Protection for Foreign
Citizens
"Whistleblowers" SOX protection not extended to foreign citizens working
outside the United States for foreign subsidiaries of companies covered
by SOX. For more information, click here to download a PDF of the January 5, 2006,
ruling.
Notes from Compliance & Ethics 202
Click here to download participant ideas and
challenges from the Compliance & Ethics 202 session at SCCE's
Compliance and Ethics Institute, September 11-13, 2006.
California Pharmaceutical Legislation
Click here to download information about California
legislation that requires pharmaceutical companies to have corporate
compliance programs.
OIG HHS Compliance Program Guidance
for Pharmaceutical Manufacturers
Click here to download
Summary of Sarbanes-Oxley Act of
2002
The move by many to develop corporate compliance programs came after
passage of the Sarbanes-Oxley Act of 2002. The Sarbanes-Oxley Act was
designed to help ensure the accountability of corporate executive
management and directors, primarily in the interest of protecting public
companies' external investors. Sarbanes-Oxley requires management
certification of financial reports, and specifies substantial penalties
for non-compliance.
Click here to download a summary on the
Sarbanes-Oxley Act of 2002.
Download Optimising the Role of Internal Audit in the
Sarbanes-Oxley Era.
More Resources
Personnel Evaluation Form: Coverage of Ethics and
Compliance (Word Doc)
Securities and Exchange Commission EDGAR
Database
CORPORATE RESPONSIBILITY AND CORPORATE COMPLIANCE:
A Resource for Health Care Boards of Directors
Corporate Responsibility and
Compliance (PPT 569K)
Sarbanes-Oxley - Frequently Asked Questions Guidebook
Regarding Section 404 - Internal Controls (PDF 1mb)
Thanks to Protiviti Inc.| 888.556.7420 | www.protiviti.com
Download the HCCA Sarbanes Oxley Member Survey (PPT
6mb)
PCAOB - Public Company Accounting Oversight Board
PCAOB Press Release
WSJ Accounting Board Releases Guidance for
Sarbanes-Oxley
PCAOB Auditing Standard, May 16, 2005
Auditing Internal Control Over Financial Reporting,
January 21, 2005
Auditing Internal Control Over Financial Reporting,
November 22, 2004
Auditing Internal Control Over Financial Reporting,
October 6, 2004
Auditing Internal Control Over Financial Reporting, July
27, 2004
Auditing Internal Control Over Financial Reporting, May
16 2004
Conference on Moral Imagination
Compliance Programs as a Framework for Preventing and
Detecting Employee Misconduct (PPT Presentation 149K)
Vickie L. McCormick
Special Counsel and Consultant
612-204-4156
vmccormick@halleland.com
Increasing Firm Value Through Detection and Prevention
of White Collar Crime
(PPT Presentation 151K)
Karen Schnatterly
Assistant Professor
University of Minnesota
kschnatterly@csom.umn.edu
Increasing Firm Value Through Detection and Prevention
of White Collar Crime
(PDF Document 140K)
Karen Schnatterly
Assistant Professor
University of Minnesota
Strategic Management and Organizations Dept. 3-365
Carlson School of Management
kschnatterly@csom.umn.edu
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