Introduction to Ethics & Compliance, understanding the basics, creating reflexes, assess impact on governance

In which area of corporate business does Ethic & Compliance belong?

Finance

Risks

Legal

A bit of all

Is Ethic & Compliance a topic that is directly related to the P&L of a company?

No, it is not as it is a matter of behavior

No, it is not, as it is a matter of respecting the laws

Yes, it is as it is somehow risk management and risks go along with pricing contingencies

Yes, it is, as running a Compliance Dpt is a cost

Would you say that Ethic & Compliance is:

Necessary evil

Adequate corporate governance

Up to the choice of the shareholders

Window dressing for potential future enquiries

Does the fact that paying a business agent/partner to win market share is legal in a country allows a company to use such agent without restriction?

Yes, if the agent is clean

Yes, if the agent has been cleared by a compliance program of the company

No, the company must respect others countries law

What are the rules that a company must abide by if it wants to be compliant?

Only its local ones as no company can comply with the rules of all the jurisdiction in which it operates

The ones it has set up for itself

The ones it has set up for itself and the ones that are publically recognised as applicable

The ones it has set up for itself that incorpates both local regulations and regulations affecting the company's principal sources of business

Does US Foreign Corrupt Practice Act apply to a German company operating in Malaysia?

Hell no! German laws and Malaysian ones only

Yes in any case

Yes, if Malaysia says it is

Yes if any element of the business of this German company has a connection with US laws

Are the OECD Convention and Global Compact principles

Hard Law

Soft Law

Both

They are not laws

What do you think Ethic & Compliance Programs are about

Doing the right thing, be a good faith company

Taking into account the reality of globalization and the need to participate to the balance of the "Market"

Change management and corporate culture

Abiding by the laws

What could be the sanction for not complying with FCPA or Loi Sapin 2

Commercial fines

Jail

Winding up of the company

Barred from doing specific business

What is the personal responsibility of a CEO in case of an act of corruption in the company he runs

None, as he has delegated his legal powers

Full, as he stands accountable before his shareholders not matter what

Partial, or none if he has implemented and E&C program

It depends of wheter he was aware of the act of corruption

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