Or Reconstruction and Development, the Inter-American reporting requirements may be part of criminal and civil Development Bank Group, and the World Bank Group resolutions of FCPA matters. The amount of enhanced entered into an agreement under which entities debarred compliance and kind of reporting required varies according by one MDB will be sanctioned for the same misconduct to the facts and circumstances of individual cases. by other signatory MDBs.*” This cross-debarment agree- In criminal cases, a company’s sentence, or a DPA or ment means that ifa company is debarred by one MDB, it NPA with a company, may require the appointment of an is debarred by all?” independent corporate monitor. Whether a monitor is appropriate depends on the specific facts and circumstances Loss of Export Privileges of the case. In 2008, DOJ issued internal guidance regard- Companies and individuals who violate the FCPA ing the selection and use of corporate monitors in DPAs may face consequences under other regulatory regimes, and NPAs with companies. Additional guidance has since such as the Arms Export Control Act (AECA), 22 U.S.C. been issued.” A monitor is an independent third party who § 2751, et seqg., and its implementing regulations, the assesses and monitors a company’s adherence to the com- International Traffic in Arms Regulations (ITAR), 22 pliance requirements of an agreement that was designed to C.ER. § 120, e¢ seg. AECA and ITAR together provide reduce the risk of recurrence of the company’s misconduct. for the suspension, revocation, amendment, or denial of an Appointment of a monitor is not appropriate in all circum- arms export license ifan applicant has been indicted or con- stances, but it may be appropriate, for example, where a com- victed for violating the FCPA.*” They also set forth certain pany does not already have an effective internal compliance factors for the Department of State’s Directorate of Defense program or needs to establish necessary internal