Consistency in practice and enforcement to ensure a company’s compliance to the rules  and regulations set up by the FCPA, which set out to deter and to stop corporate corruption, is one of the hardest aspects for these companies to follow through practicing and enforcing.  For some reason, these corporations, although they may start out in compliance, and may keep a steady pace for some time, they tend to fall into a downward spiral in not keeping consistent within their organizations.

Their efforts seem to fade and disappear over time.  The ones in charge of this enforcement seem to replace diligence with relativism, at every turn.  Sometimes this is marked by a lax adherence to the regulations, as the pressure on the company begins to grow in relation to the businesses ventures or joint agreements with prospective foreign companies threaten to walk away if the due diligence is continued.  This is especially so when that client would be a really great account to score.

The FCPA regulations have been in place for some time, enough time that foreign companies with sophisticated teams of lawyers are beginning to accuse those policies as demeaning and insulting.  If the complaints seem rational, and if the foreign company is threatening to walk away from the deal, agreement are softened, policies are not enforced, thereby weakening the obligation of the state side company to follow the guidelines of compliance, sometimes by just a little bit, sometimes by quite a lot.

This has been the case too, in dealings with countries that are staunchly and strictly nationalistic, such as Russia or China.  Representatives from these two countries state that the laws of the FCPA are insulting, not only to their own legal systems, but to their own personal selves, inferring that they perceive the guidelines and the following of those guidelines as accusations, or that they themselves are not duly diligent.  In any case, it seems that if these foreign companies that are putting up such a struggle would not do so, where they to be operating and conducting business above board.  It just leads one to wonder, just what may they be so afraid of?