Or industry. In addition, compliance programs that do not just exist on paper but are followed in practice will inevitably hapter 5 uncover compliance weaknesses and require enhancements. Guiding Principles Consequently, DOJ and SEC evaluate whether companies of Enforcement regularly review and improve their compliance programs and not allow them to become stale. According to one survey, 64% of general counsel whose such actions demonstrate to DOJ and SEC a company’s companies are subject to the FCPA say there is room for commitment to compliance and are taken into account improvement in their FCPA training and compliance pro- when evaluating any potential enforcement action. For grams.** An organization should take the time to review and example, DOJ and SEC declined to take enforcement test its controls, and it should think critically about its poten- action against an acquiring issuer when the issuer, among tial weaknesses and risk areas. For example, some companies other things, uncovered the corruption at the company have undertaken employee surveys to measure their compli- being acquired as part of due diligence, ensured that the ance culture and strength of internal controls, identify best corruption was voluntarily disclosed to the government, practices, and detect new risk areas. Other companies period- cooperated with the investigation, and incorporated the ically test their internal controls with targeted audits to make acquired company into its compliance program and inter- certain that controls on paper are working in practice. DOJ nal controls. On the other hand, SEC took action against and SEC will give meaningful credit to thoughtful efforts the acquired company, and DOJ took action against a sub- to create a sustainable compliance program if a problem is sidiary of the acquired company.** When pre-acquisition later discovered. Similarly, undertaking proactive evaluations due diligence is not possible, DOJ has described proce- before a problem strik