Posted by: Robert Davis
Accounting, Applications, COE, Council of Europe, FCPA, Financial, Foreign Corrupt Practices Act, Information Technology, IT, Laws and Regulations, OAS, OECD, Organisation for Economic Co-operation and Development, Organization of American States, Sarbanes Oxley Act, SOX
The FCPA codifies bribery of foreign officials as a criminal offense for U.S. publicly held companies, requires accurate financial-transactions accounting, and amends the Securities Exchange Act of 1934. With regard to accounting, FCPA Section 78m (b) (2) documents managerial responsibility for generating and retaining financial information while presenting transactions accurately and fairly, as well as deploying a “system of internal accounting controls.” Furthermore, FCPA Section 78m (b) (5) has been interpreted as requiring U.S. businesses to create and sustain adequate internal accounting controls regardless of an organization’s cost-benefit analysis ratio. This section of the FCPA therefore decrees preventive and detective controls to avoid financial statement fraud or misrepresentation.
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