Interactive Debate on the Value of Voluntary Self- Disclosures (VSDs): How to Best Co-Operate with the Regulators and How to Weigh VSD Value Further to Recent DOJ Guidance

April 25, 2017 9:20am

Michaela Arndt
Head, Sanctions Compliance, Americas and Group Head, US Sanctions
Standard Chartered (Newark, NJ)

John Barker
Partner
Arnold & Porter Kaye Scholer LLP (Washington, DC)

Ryan Fayhee
Partner
Baker & McKenzie (Washington, DC)

  • What does the DOJ do in the context of the FCPA, and how does this compare with the National Security Division’s “For Export” Controls and Sanctions Compliance? What lessons can be drawn from this when analyzing OFAC’s enforcement guidelines?
  • Debate on the role and significance of the Yates memo: what actually is the policy and its implications for VSDs
  • What are the implications of dual disclosure requirements (Administrative/Civil authorities vs DOJ)? Does this have a bearing on the value of undertaking a VSD?