Two FCPA actions brought by the SEC stem, in part, from a similar issue: failure to offer FCPA compliance training in the appropriate language. In these two particular cases, the language in question is Mandarin.
The two actions are unrelated, but bring to light a very common issue in compliance. The actions against Nortek Inc. and Akamai Technologies are a reminder for organizations to offer FCPA compliance training to regions of risk in the native tongue.
Let’s dive into the specifics of each action:
In the first, Nortek Inc. (a building products manufacturer) resolved an FCPA books and records and internal controls action based on the conduct of its Chinese subsidiary. Among the SEC's findings were that "Nortek failed to establish procedures to ensure its Linear China employees were trained in anti-corruption compliance."
Among the remedial measures mentioned in the resolution document was that Nortek engaged in "corrective action to enhance its compliance program and ensure that its employees around the globe were receive adequate training" including "extensive mandatory in-person and on-line trainings on the FCPA and anti-corruption policies to its employees around the globe in appropriate languages."
In the second, Akamai Technologies (an internet services provider) resolved an FCPA books and records and internal controls action also based on the conduct of its Chinese subsidiary.
Among the SEC's findings were that Akamai failed "to translate anti-bribery and anti-corruption policies into Mandarian" and had "inadequate employee training on compliance and anti-bribery policies."
Among the remedial measures mentioned in the resolution document was that Akamai agreed to "provide extensive mandatory in-person and on-line trainings on FCPA and anti-corruption policies to its employees around the world in appropriate languages."
Train your employees on FCPA and anti-corruption. More importantly, make sure your at-risk employees in foreign countries receive this training in the languages spoken there.
Did you know that Emtrain’s Global Anti-Bribery and Corruption course is translated in Mandarin and 6 other languages?
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