China Summit on Anti-Corruption

Tuesday, July 15, 2008

About

Foreign companies doing business in the People's Republic of China face complex anti-corruption compliance challenges.

Corruption is a serious problem in China's rapidly developing economy. China's leaders have recognized this problem and adopted increasingly aggressive policies to deal with it. According to Chinese authorities, tens of thousands of corruption allegations against Chinese officials are investigated each year, and offenders are prosecuted or otherwise disciplined. China has also begun vigorously enforcing commercial bribery laws in its private sector. Foreign companies operating in China are thus faced with a rapidly evolving domestic anti-corruption compliance environment.

At the same time, U.S. companies, and companies listed on U.S. stock exchanges, must comply with the FCPA when doing business in China. FCPA compliance is especially challenging in China, where government regulation of the economy remains rigorous and state-owned enterprises continue to dominate many sectors. These difficulties are reflected in recent FCPA prosecutions. Several published cases in recent years – Lucent, Schnitzer Steel, York International, Diagnostic Products – have focused on activities in China, and many pending investigations reportedly also involve compliance issues in China.

If your company is doing business in the People's Republic of China, you must have a comprehensive anti-corruption compliance program and be prepared to act promptly and effectively to remedy any problems that do arise.

This publication from ACI’s recent China Summit on Anti-Corruption brings together an exceptional faculty of experienced corporate ethics and compliance executives, senior attorneys, forensic accountants and government officials who discuss the complex anti-bribery landscape in China. They examine the intersection of the FCPA and local Chinese anti-bribery laws and how to implement robust anti-corruption policies in this environment.

Contents & Contributors

About

Foreign companies doing business in the People's Republic of China face complex anti-corruption compliance challenges.

Corruption is a serious problem in China's rapidly developing economy. China's leaders have recognized this problem and adopted increasingly aggressive policies to deal with it. According to Chinese authorities, tens of thousands of corruption allegations against Chinese officials are investigated each year, and offenders are prosecuted or otherwise disciplined. China has also begun vigorously enforcing commercial bribery laws in its private sector. Foreign companies operating in China are thus faced with a rapidly evolving domestic anti-corruption compliance environment.

At the same time, U.S. companies, and companies listed on U.S. stock exchanges, must comply with the FCPA when doing business in China. FCPA compliance is especially challenging in China, where government regulation of the economy remains rigorous and state-owned enterprises continue to dominate many sectors. These difficulties are reflected in recent FCPA prosecutions. Several published cases in recent years – Lucent, Schnitzer Steel, York International, Diagnostic Products – have focused on activities in China, and many pending investigations reportedly also involve compliance issues in China.

If your company is doing business in the People's Republic of China, you must have a comprehensive anti-corruption compliance program and be prepared to act promptly and effectively to remedy any problems that do arise.

This publication from ACI’s recent China Summit on Anti-Corruption brings together an exceptional faculty of experienced corporate ethics and compliance executives, senior attorneys, forensic accountants and government officials who discuss the complex anti-bribery landscape in China. They examine the intersection of the FCPA and local Chinese anti-bribery laws and how to implement robust anti-corruption policies in this environment.

Contents & Contributors

DEALING WITH CORRUPTION UNDER CHINESE LAW
Wu Wei, King & Wood (Beijing)

CORRUPTION UNDER CHINESE LAW
Richard M. Tollan, Mayer Brown JSM (Hong Kong)

A COMPARATIVE VIEW: INTERPLAY BETWEEN FCPA AND ANTI-BRIBERY LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”)
Beatrice M. Schaffrath, Baker & McKenzie (Beijing)

MINIMIZING FCPA RISKS FOR CHINESE COMPANIES OPERATING IN THE UNITED STATES
Warren Feldman, Clifford Chance (New York)

COMPARISON OF THE FOREIGN CORRUPT PRACTICES ACT ANTIBRIBERY PROVISIONS WITH CHINA’S ANTIBRIBERY LAWS AND REGULATIONS
Amy L. Sommers, Squire, Sanders & Dempsey LLP (Shanghai)

IMPLEMENTING EFFECTIVE CORPORATE GOVERNANCE, TRANSPARENCY AND FCPA COMPLIANCE PROGRAMS
Darryl S. Hom, Rockwell Automation (Hong Kong)
K. Lesli Ligorner, Paul, Hastings, Janofsky & Walker (Shanghai)
David Krakoff, Mayer Brown LLP (Washington)

IMPLEMENTING AND MONITORING AN EFFECTIVE ANTI-CORRUPTION COMPLIANCE PROGRAM FOR CHINESE OPERATIONS
Daniel Levin, White & Case LLP (Washington)

DESIGNING TRAINING PROGRAMMES APPROPRIATE FOR THE CHINESE OPERATIONAL ENVIRONMENT
Arthur P. Hui, Tyco International Asia, Inc. (Singapore)

INTERNAL INVESTIGATIONS IN CHINA
Nathan Garrett Bush, O’Melveny & Myers LLP (Beijing)

COMPUTER FORENSICS & DATA ANALYTICS FOR INVESTIGATIONS IN CHINA
Torsten Duwenhorst, Ernst & Young (Hong Kong)

CONDUCTING EFFECTIVE ANTI-CORRUPTION DUE DILIGENCE FOR M&AS IN CHINA
Bingna Guo, O’Melveny & Myers (Shanghai)

UNDERSTANDING THE MECHANICS OF AN INTERNATIONAL CORRUPTION INVESTIGATION
Gareth Thomas, Herbert Smith (Hong Kong)



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