New Articles

How You can Certify 100% FCPA Compliance Based on New SEC/DOJ Requirements


How You can Certify 100% FCPA Compliance Based on New SEC/DOJ Requirements

Now that the SEC has gotten involved with FCPA along with the DOJ they have interpreted the FPCA statute to mean that a company must maintain a system of internal accounting controls that monitors FCPA Compliance not only internally within the organization, but for all its third parties including customers and  suppliers

With the average Fortune 50 company having over 75,000 suppliers and 300,000 large customers the enforcement is nearly impossible and deemed as “sneaky.”

Even former DOJ Leadership acknowledges the incredible challenge around FCPA Compliance, especially now that the SEC is stepped up its enforcement (See video like below at around the 14:40 mark).

However, there is a solution to avoid or mitigate FCPA  fines/actions as well as damaging public press-releases by the DOJ/SEC due to third party violations.  A robust but straightforward certification program can significantly mitigate this risk.

A Certification Program is primarily an attestation or assertion document that is acknowledged or signed by an employee/and all third parties delivered by email, a simple workflow software or even post mail. It is generally language-specific but is translators are not available English only works. The attestation or assertion document is asking an individual/entity/official to certify that they are Understand FCPA, Are FCPA Compliant, and Unaware of any violations.

You might be asking yourself that there is no way that all of my hundreds of thousands of suppliers/customers/colleagues will comply, and we will have with exposure? 

In the case of colleagues, its a more straightforward answer as the certification process should be mandatory using internal email or workflow tools driven from the top of the organization. In the case of third parties where there is less control, the recommendation is to send the certification communication (via email/post) up to three times in  90 days.  If there is no response, this is OK!

The key to this entire process is a robust documentation and controls process over the certifications – this includes the third parties that have not responded despite three attempts.

Essential elements to an FCPA  Certification process are:

-How the Certification is written ensuring that there is an emphasis on full disclosure and awareness and understanding of the FCPA Statute and any potential violations

-Process for Disseminating to third parties and internal employees

-Tracking and reporting


It is proven that a robust Certification Program implemented in advance of a certification program has lead to reduced penalties and even eliminated penalties as well as damaging Public Relations from the announcement of an SEC/DOJ Investigation.

A robust FCPA certification program may be the most significant cost avoidance and reputation damaging you can implement within your organization.


For more information and learning more please contact Ation Advisory Group  ( or at (917) 821-2147.

International Trade

Hughes Hubbard & Reed Add Partner for International Trade Practices

Boasting international recognition in areas including U.S. investment and international trade regulatory issues related to China, Roy (Ruoweng) Liu is the newest partner of New York-based international law firm. Liu will serve as chair of the Greater China practice for the firm’s Sanctions, Export Controls & Anti-Money Laundering practice.

“As one of the few U.S. trade attorneys based in Washington, D.C., who can advise clients in Mandarin Chinese, Roy Liu brings substantial strengths and unique perspective to Hughes Hubbard,” said Ted Mayer, chair of Hughes Hubbard.

“We are thrilled to have him join our talented team, and we believe his experience, particularly with export controls, economic sanctions, CFIUS, and China-related trade issues, will be extremely valuable to our clients, especially amidst a potentially long-term trade war.”

Liu brings with him a Bachelor of Arts from Williams College and a Juris Doctorate from Stanford University Law School. His professional background includes addressing challenges related to the Entity List, U.S. export controls and economic sanctions, reviews and investigations by the Committee on Foreign Investment in the United States (CFIUS), Foreign Corrupt Practices Act (FCPA), and anti-money laundering (AML). Liu also brings substantial experience in client advising pertaining to a variety of regulatory environments.

“I am excited to join the nimble and effective team at Hughes Hubbard,” said Liu. “I look forward to partnering with their world-renowned International Trade, investigations, and white collar practices.”

Shipment Identification Simplified with Amber Road’s Cargo Screening Solution

Global logistics providers seeking a unique solution to overcome challenges related to trade regulations – such as Know Your Customer, and trying to avoid fines and penalties should look no further than Amber Road’s recently launched Carrier Cargo Screening Solution.

The new cargo screening solution – which is equipped with advanced computational linguistics algorithms and translated technical phraseology, was built to assist carriers in quickly navigating through high-volume, multiple provider shipment challenges and accurately identify prohibited, hazardous, or dual-use goods.

“Global trade requires that companies keep up with ever-changing regulations and standards of reasonable care to maintain their trade privileges,” Nathan Pieri, Chief Product Officer at Amber Road said. “However, the market has been devoid of tools to meet these more stringent examinations. With our new Carrier Cargo Screening Solution, we have developed new content libraries and advanced algorithms to offer a robust supply chain risk platform ideally suited for global logistics providers.”

Amber Road’s Carrier Cargo Screening Solution offers advanced risk scoring capabilities that provide carriers alerts to potential issues within shipments. The solution’s unique use of technology further simplifies processes when problems arise, as it is equipped to resolve issues within the platform.

“We are very excited about the impact our new solution will have in the carrier industry,” said Jim Preuninger, CEO, Amber Road.  “We have solved a critical problem by combining our advanced technologies with our vast experience in linking software with content.  We expect our new offering to generate significant interest and meaningful new subscriptions starting this year.” 

WTO Slams China for Lack of Trade Transparency

Los Angeles, CA – China is coming under harsh criticism from the World Trade Organization with members of the 160-nation body asserting that Beijing has failed to live up to key transparency commitments it made when it joined the organization in 2001.

The WTO Secretariat recently released the results of a critical 200-page report on China’s trade policy which concluded that, over the past two years, the country continues to exhibit a lack of clarity, organization and centralization of its trade rules and regulations.

EU ambassador Angelos Pangratis described the lack of clarity on trade issues as “striking,” while Canada’s representative also criticized the “often vague and insufficent information available” from Beijing.

Release of the report came during the WTO’s recent, bi-annual policy review held at the group’s headquarters in Geneva, Switzerland.

Many of the 50 WTO members who took part in the review also criticized Beijing’s use of export restraints and taxes, restrictions on foreign investments and said it must improve protection for intellectual property rights (IPR).

The US Representative to the WTO, Christopher Wilson, said that China’s “apparently retaliatory conduct” in its use of duties, and said the country appeared to ignore a number of WTO findings against it.”

Wilson added, “An enormous amount of work remains if China is to close significant loopholes in its legal framework and reduce the unacceptably high IPR infringement levels.”

Responding to the WTO report, China’s Assistant Minister of Commerce, Wang Shouwen said its findings were “baseless” and that China “has one of the best track records of implementing WTO rulings.”

But, he added, though China “has made great strides to address these issues…it has pledged to do more to improve transparency.”