New FCPA Enforcement Policy

On November 29, 2017, the U.S. Department of Justice (the “DOJ”) issued an update to its U.S. Attorney’s Manual to adopt a new Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (the “Policy”).  Under the Policy, credit will be given to certain self-reporting by companies (in the form of declination to prosecute or lower fines) or cooperation with an investigation.  See The Policy, however, provides that the DOJ can determine eligibility, including the extent of cooperation and “remediation” of the breach.  The Policy really seems to codify what the DOJ has already been doing, but leaves the DOJ a fair amount of discretion in its application.