Interactive Pre-Boot Camp Workshops
Monday, January 25, 2010
A: 9:00 a.m. – 12:30 p.m.
The Fundamentals of FCPA Compliance: Navigating the Foreign Corrupt Practices Act
James T. Parkinson
Mayer Brown LLP (Washington, DC)
Do you need an immersion in the FCPA and the elements involved in key cases? This highly rated pre-conference workshop is designed to provide you with a comprehensive introduction to FCPA and cover all the bases including the anti-corruption and anti-bribery elements of the statute, internal controls and accounting requirements, and introduction with Sarbanes-Oxley and SEC reporting requirements. Delegates consistently give it top marks for both content and presentation.
This interactive and practical session will cover core issues related to the statute, focus on the “nuts and bolts” and supply you with a foundation for dealing with the day-to-day issues, including:
- Who is covered by the FCPA?
- Foreign Private Issuers (FPI) – who qualifies?
- Foreign subsidiaries, joint venture partners?
- What is the extraterritorial reach of the FCPA?
- What are the risks?
- Potential criminal and civil liability
- Reputational damage
- Risk of investigation
- Disqualification for publicly financed projects
- The 4 basic elements of the FCPA’s anti-bribery provision: “giving, promising anything of value”, “foreign official”, “influencing the official”, “obtaining or retaining business”
- Permissible and impermissible payments
- Anything “of value”
- Facilitating payments: limits on “grease”
- Political contributions
- Charitable contributions
- Involvement of third parties and due diligence requirements: agents, consultants and joint venture partners
- “Red Flags”
- Reasonable and bona fide expenses: gifts; travel; entertainment
- Books and records requirements of the FCPA
- “Achilles Heel” for compliance
- Record keeping and internal controls requirements and standards
- Intersection of Sarbanes-Oxley and FCPA
- What to do in case of a potential FCPA violation?
- How do FCPA issues arise?
- Document retention
- Internal/external investigations
- Communication with government authorities
- Fundamentals of an effective FCPA compliance program
B: 1:30 p.m. – 5:00 p.m.
Overcoming FCPA Compliance Challenges in China
Patrick M. Norton
Steptoe & Johnson LLP (Washington, DC)
FCPA Landscape in China
- “Government Officials” everywhere: China’s huge 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
- An uneven playing field: Does the FCPA effectively hold US companies to stricter anti-corruption standards than their competitors?
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 possible violations in China
Conference Details
