Or e the appropriateness of a cooperation credit in light of the profile of the cooperating individual. hapter 5 Guiding Principles Corporate Compliance Program of Enforcement Ina global marketplace, an effective compliance pro- gram is a critical component of a company’s internal con- trols and is essential to detecting and preventing FCPA vio- Sentencing Guidelines’ elements of an effective compliance lations.*” Effective compliance programs are tailored to the program, as set forth in § 8B2.1 of the Guidelines. company’s specific business and to the risks associated with These considerations reflect the recognition that that business. They are dynamic and evolve as the business a company’s failure to prevent every single violation does and the markets change. not necessarily mean that a particular company’s compli- An effective compliance program promotes “an orga- ance program was not generally effective. DOJ and SEC nizational culture that encourages ethical conduct and a understand that “no compliance program can ever prevent commitment to compliance with the law.’*! Such a program all criminal activity by a corporation’s employees;?% and protects a company’s reputation, ensures investor value and they do not hold companies to a standard of perfection. An confidence, reduces uncertainty in business transactions, and assessment of a company’s compliance program, including secures a company’s assets.“ A well-constructed, thought- its design and good faith implementation and enforcement, fully implemented, and consistently enforced compliance is an important part of the government’s assessment of and ethics program helps prevent, detect, remediate, and whether a violation occurred, and if so, what action should report misconduct, including FCPA violations. be taken. In appropriate circumstances, DOJ and SEC may In addition to considering whether a company has decline to pursue charges against a company based on the self-reported, cooperated, and taken appropriate