Overview
As the outbreak of the coronavirus (COVID-19) pandemic continues globally, multinational companies and individuals are joining the fight against the virus, donating money and medical supplies, and providing necessary services. However, when making these charitable donations, either domestically or globally, companies should consider appropriate anti-corruption compliance procedures under applicable anti-bribery laws such as the US Foreign Corrupt Practices Act to ensure the donation is used for the intended charitable purpose. Any donation should be carried out in an open and transparent fashion, be based on fair and objective criteria, be accurately and completely documented, and be consistent in all respects with the principles of the company’s code of conduct and anti-corruption policies.
Some practical compliance safeguards include:
- Donations should be made only to recipients that can be relied upon to use the donation in the legitimate manner intended by your company;
- Donations should be described accurately and in reasonable detail in the books and records of your company; and
- Donations that improperly or disproportionately benefit a public official or other recipient who has regulatory oversight over or who can improperly influence your company’s business should not be made.
- Is the proposed recipient or is any employee, officer, director, or other individual affiliated with the recipient a present or former public official, a close relative of such public official or someone in the public or private sector who can influence your company’s business?
- Did anyone external to your company, including any public official, recommend, solicit or endorse this proposed grant in an improper manner?
- Will anyone such as a public official who can influence the company's business or close relative of such a public official benefit disproportionately?
- Does the donation fit within the company’s internal charitable giving guidelines and procedures?