Compliance Monitorship

Corporate misconduct sanctioned by US law (e.g. violations of international compliance regulations such as the Foreign Corrupt Practices Act, FCPA) often leads, in addition to fines, to settlement proceedings with the US Department of Justice (DoJ) under a so-called Non-Prosecution Agreement (NDA) or Deferred Prosecution Agreement (DPA). These settlements usually include mandatory packages of measures to remedy the causes of the specific misconduct, to improve governance systems and to appoint an independent compliance monitor. The monitor is an independent third party with the central task of assessing and monitoring compliance with the agreement and reporting to the relevant bodies and the DoJ. The agreement is specifically designed to reduce the risk of the company's misconduct recurring and is not part of the punishment. The monitor thus also becomes the company's "probation officer". The necessary transformation of the companies concerned towards better governance systems, as well as reporting obligations within the framework of such a procedure, pose enormous personnel, organisational and financial challenges. In particular, the processing of the requirements and the regular reporting are carried out under enormous time pressure.

As an experienced strategic partner, KPMG supports you in professionally meeting the diverse challenges of a compliance monitorship and successfully completing the monitorship. Based on our experience from various international projects, we support your compliance monitorship in the four important core areas:

Our extensive experience in the management of large projects enables us to adapt to the requirements as well as the organisational and operational structure of your company in the shortest possible time and provide support in general project management, communication with the monitor team as well as the planning and coordination of interfaces and the activities of all relevant stakeholders. In this context, we help you to establish a work organisation and efficient work processes tailored to your specific situation in a short time.

We support companies in dealing with the Monitor's various requests and in providing relevant documents as well as in analysing information at an early stage in order to anticipate possible challenges and related solutions. We also support companies in designing standardised response processes (operating model), in preparing appropriate responses to the Monitor's enquiries and requirements, and in fulfilling the obligations derived from the Monitor's reports. In particular, we use innovative tools and digital solutions to support and document efficient work processes (e.g. ticketing or workflow management systems).

Our interdisciplinary compliance and corporate governance experts support your departments and business units in analysing, designing and implementing systems, structures and processes (such as risk assessment processes, developing training concepts, implementing a solid 3-lines-of-defence model, establishing reporting lines, etc.) to meet the Monitor's requirements and sustainably develop the compliance programme.

There are a number of important challenges on the way through a successful US monitorship. Our extensive audit experience and our knowledge of forensic investigations and testing processes in a wide range of compliance programmes enable us to approach the functional and organisational tasks surrounding testing and the preceding preparation in a targeted and solution-oriented manner.

Feel free to contact us in the run-up to a monitorship - we will help you anticipate your risks and prioritise your tasks correctly in the start-up phase.