On 22 January, the Program on Corporate Compliance and Enforcement at the New York University School of Law carried a blog post which compares the guidelines regarding the legal framework governing French DPA (known as CJIP, and which address the conditions necessary for companies to be considered for a CJIP), and the Corporate Co-operation Guidance which is as part of the SFO Operational Handbook in the UK (which details the steps companies are expected to undertake to obtain cooperation credit).  It says that they demonstrate further alignment of the DPA regimes with long-standing practices in the US, albeit with some notable areas of divergence.  The post concludes that, taken together, the guidance and practice in all 3 jurisdictions demonstrate how a coordinated strategy is essential for responding to parallel investigations.  It advises that companies should ensure that the issues highlighted in the post, including de-confliction, privilege and access to overseas records, are discussed and reconciled with each investigating agency to avoid duplicative efforts, navigate compliance with local laws, and ensure maximum cooperation credit.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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