<strong>Compliance</strong> <strong>and</strong> <strong>Ethics</strong>Explained<strong>Compliance</strong> <strong>and</strong> ethics programs have a clear goal:to prevent, detect, <strong>and</strong> respond to misconduct.Accomplishing that goal takes concerted effortthrough all levels <strong>of</strong> an organization.<strong>Compliance</strong> 101 provides the basic information youneed to build <strong>and</strong> maintain an effective compliance<strong>and</strong> ethics program in your organization. This bookis ideal for compliance pr<strong>of</strong>essionals new to thefield, compliance committee members, complianceliaisons, <strong>and</strong> board members. Its coverage includes:• The importance <strong>of</strong> compliance <strong>and</strong> ethics• The seven essential elements <strong>of</strong> a compliance program• Organizational steps for an effective program• Tips for tailoring your compliance plan• Sample compliance materials<strong>Compliance</strong> 101 is published by the <strong>Society</strong> <strong>of</strong><strong>Corporate</strong> <strong>Compliance</strong> <strong>and</strong> <strong>Ethics</strong> (SCCE), whichexists to champion ethical practice <strong>and</strong> compliancest<strong>and</strong>ards in all organizations <strong>and</strong> to provide thenecessary resources for compliance pr<strong>of</strong>essionals <strong>and</strong>others who share these principles.www.corporatecompliance.org/<strong>Compliance</strong>101
Featureby Scott Stetson, Esq.Political activity compliance:A complex but necessary subjectfor compliance pr<strong>of</strong>essionals»»Corporations have substantial political involvement, which may entangle gift <strong>and</strong> conflict <strong>of</strong> interest policies.»»<strong>Compliance</strong> requirements are continually changing with the passage <strong>of</strong> new legislation at local, state, <strong>and</strong> federal levels.»»The Government Affairs department <strong>and</strong> general counsel cannot do it alone.»»Non-compliance has serious organizational implications.»»Political compliance should be included in an organization’s compliance plan.StetsonWith the U.S. Supreme Court decisionin Citizens United, 1 corporateinvolvement in political issues <strong>and</strong>campaigns is at an all-time high. Lobbying,procurement lobbying, campaign finance,political action committees (PACs), public giftlaw—collectively these areas make uppolitical activity compliance, a vitallyimportant area that all compliance pr<strong>of</strong>essionalsshould be aware <strong>of</strong>. Politicalactivity compliance is a complex area,because compliance requirements arecontinually changing with the passage<strong>of</strong> new legislation at local, state, <strong>and</strong>federal levels. A large part <strong>of</strong> politicalactivity compliance is tracking legislationon lobbying, campaign finance, procurement,ethics, <strong>and</strong> public gift law, so you are aware <strong>of</strong>possible changes in the law or administrativerules governing political activity. This can bedone internally or outsourced to a legislativetracking service. Staying current on proposedrule changes is fundamental to maintainingtotal compliance.In 2012 there were 12,374 registered federallobbyists. When you consider that there arealso registered lobbyists in all 50 states, thetotal number <strong>of</strong> registered lobbyists exceeds20,000. Total federal lobbying spending for2012 was $3.28 billion. 2 Spending by lobbyistsat the state level is also significant. Forexample, lobbyist spending in Florida for 2012was $123 million. 3 The vast majority <strong>of</strong> lobbyists,whether in-house or contract, are hired toadvocate the interests <strong>of</strong> corporations. Everystate, as well as Congress, requires lobbyiststo register <strong>and</strong> file some form <strong>of</strong> disclosurereports, but 35 states have no thresholdrequirement for registration. If you are lobbying,you need to be registered. One area <strong>of</strong>particular importance is procurement lobbying.An attempt to influence the award <strong>of</strong> agovernment contract is considered lobbyingin a number <strong>of</strong> states, <strong>and</strong> registration <strong>and</strong>reporting is required. Lastly, several cities <strong>and</strong>counties have enacted some form <strong>of</strong> lobbyingregistration <strong>and</strong> reporting requirements.The majority <strong>of</strong> reporting revolves aroundlobbying expenditures made for the benefit <strong>of</strong>public <strong>of</strong>ficials. Reporting may include itemization<strong>of</strong> lobbying expenditures, the name <strong>of</strong>the public <strong>of</strong>ficial for whom the expenditurewas made, <strong>and</strong> the subject matter, bill number,or issue lobbied on. A number <strong>of</strong> states also<strong>Compliance</strong> & <strong>Ethics</strong> Pr<strong>of</strong>essional May/June 2013+1 952 933 4977 or 888 277 4977 www.corporatecompliance.org 47