Interactive Post-Boot Camp WorkshopsWednesday, September 29, 2010
A 9:00 a.m. – 12:30 p.m. Registration begins at 8:30 am
Overcoming FCPA Compliance Challenges in China
Christopher H. Leslie
Vice President & General Counsel
Hitachi Data Systems (Santa Clara, CA)
Amy L. Sommers
National Partner Squire,
Sanders & Dempsey L.L.P. (Shanghai)
- FCPA Landscape in China “Government Officials” everywhere: China’s bureaucracy, the role of the Communist Party, and a large state-owned economic sector
- Partners and agents: risks of leaving government contacts to the locals
- The delicate art of gift-giving in China: balancing politeness and the letter of the law
- Peripatetic government officials: Disneyland and Las Vegas on every draft itinerary
Intersection of the FCPA and Local Chinese Anti-bribery Laws
- How do Chinese anti-corruption laws compare to the FCPA?
- What are the practical disclosure and enforcement risks under each? Is publicity from US prosecutions raising the risk of Chinese enforcement?
- Is self-disclosure in China ever advisable?
- DOJ FCPA settlements require “cooperation with local law enforcement authorities”What does this mean in China?
- What can you expect in a local Chinese investigation
Impact of recent US FCPA Decisions
- Prosecutions involving kickback and “consultant” commissions in China
- Prosecutions for improper travel and entertainment of Chinese government officials
- DOJ Opinion release re payment of Chinese journalists’ expenses
Compliance Programs for China
- Adapting training to local condition: the importance of language and cultural issues
- Effective whistleblower procedures
- Appropriate contractual procedures for agents and distributors
- Investigating potential violations in China
B 1:30 p.m. – 5:00 p.m. Registration begins at 1:00 pm
Overcoming FCPA Compliance Challenges in Latin America
Stephen Clayton
Formerly Senior Director Anti-Corruption Compliance
Sun Microsystems (Santa Clara, CA)
Oliver J. Armas
Partner
Chadbourne & Parke (New York, NY)
Bruce Horowitz
Partner
Paz Horowitz, Abogados (Quito)
Marcos Masenello Restrepo
Pinheiro Neto Advogados (São Paulo - Brazil)
Latin America is a region of tremendous opportunity and interest for multinational companies, but it also presents serious FCPA compliance challenges. Several recent DOJ and SEC FCPA enforcement actions, such as Nature’s Sunshine, Helmreich & Payne, Latin Node and Control Components, have involved countries in Latin America including Argentina, Brazil, Mexico, Ecuador, Venezuela, Honduras and Costa Rica. At the same time local authorities have demonstrated an increasing willingness to investigate improper payments and enforce local anti-bribery laws.
This practical and interactive workshop will explore the fast-changing landscape of FCPA compliance and enforcement in Latin America. It will also identify critical best practices for preventing FCPA misconduct, performing effective due diligence, and conducting credible internal investigations in this important region of the world. Topics will include:
- An in-depth review of anti-corruption legislation, enforcement and compliance challenges in Brazil, Argentina, Mexico and Ecuador
- How to select and vet intermediaries given the unique legal and cultural challenges present in the region
- Appropriate contractual procedures for agents and distributors
- Conducting effective FCPA internal investigations, with emphasis on
- Local laws
- Practices critical to executing a successful investigation consistent with DOJ and SEC standards
- Dealing with local authorities
- Developing, implementing and overseeing an effective FCPA compliance training program for the region
- Adapting training to local conditions – the importance of language and cultural issues
- Minimizing bribery risks in customs operations
Conference Details
