About
In 2009, Anti-Corruption and FCPA Enforcement Will Affect More Companies in Asia Than Ever Before. Can Your Internal Anti-Corruption Compliance Program Withstand the Impact of a Government Investigation?
Corruption is a serious problem in China’s economy. China’s leaders have recognized this problem and adopted increasingly aggressive policies to deal with it. Fighting corruption emerged as a top priority at the Chinese Communist Party’s 17th National Congress in January 2009, and according to Chinese authorities, 4,960 officials were punished between November 2007 and November 2008 for involvement in corruption, bribery or other law-breaking activity. Of those, 801 were prosecuted. 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 – Siemens, Faro Technologies, AGA Medical, Lucent, Schnitzer Steel, ITT, York International, Diagnostic Products (for example) – 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.
After the tremendous success of its inaugural conference in July 2008, the American Conference Institute and C5 Group are proud to announce the 2nd China Summit on Anti-Corruption. Once again, the Summit brings together an exceptional faculty of seasoned corporate ethics and compliance executives, senior attorneys, forensic accountants and government officials. They will provide a comprehensive update on the anti-bribery landscape in China, the intersection of the FCPA and local Chinese anti-bribery laws and how to implement robust anti-corruption policies to comply with Chinese laws and the FCPA, including:
- Who is a “government official” in China?
- What kind of gifting or payment is acceptable and in what instances?
- Overcoming cultural and legal challenges in rolling out an anti-corruption compliance programme
- Due diligence: best practices for a prospective third party relationship in China
- Creating a Code of Conduct that matters in China
- Conducting internal investigations in China
About
In 2009, Anti-Corruption and FCPA Enforcement Will Affect More Companies in Asia Than Ever Before. Can Your Internal Anti-Corruption Compliance Program Withstand the Impact of a Government Investigation?
Corruption is a serious problem in China’s economy. China’s leaders have recognized this problem and adopted increasingly aggressive policies to deal with it. Fighting corruption emerged as a top priority at the Chinese Communist Party’s 17th National Congress in January 2009, and according to Chinese authorities, 4,960 officials were punished between November 2007 and November 2008 for involvement in corruption, bribery or other law-breaking activity. Of those, 801 were prosecuted. 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 – Siemens, Faro Technologies, AGA Medical, Lucent, Schnitzer Steel, ITT, York International, Diagnostic Products (for example) – 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.
After the tremendous success of its inaugural conference in July 2008, the American Conference Institute and C5 Group are proud to announce the 2nd China Summit on Anti-Corruption. Once again, the Summit brings together an exceptional faculty of seasoned corporate ethics and compliance executives, senior attorneys, forensic accountants and government officials. They will provide a comprehensive update on the anti-bribery landscape in China, the intersection of the FCPA and local Chinese anti-bribery laws and how to implement robust anti-corruption policies to comply with Chinese laws and the FCPA, including:
- Who is a “government official” in China?
- What kind of gifting or payment is acceptable and in what instances?
- Overcoming cultural and legal challenges in rolling out an anti-corruption compliance programme
- Due diligence: best practices for a prospective third party relationship in China
- Creating a Code of Conduct that matters in China
- Conducting internal investigations in China
Contents & Contributors
The Anti-Corruption Regulatory and Enforcement Landscape in China
Jun Wei, Hogan & Hartson LLP (Beijing)
The U.S. Foreign Corrupt Practices Act: Latest FCPA Cases Involving China
Amy C. Lee, Resident Legal Adviser, US Embassy (Beijing)
Jeffrey D. Clark, Willkie Farr & Gallagher LLP (Washington)
Assessing Your Customer Base: Who is a “Government Official” in China
Beatrice M. Schaffrath, Baker & McKenzie LLP (Beijing)
Conducting a Corruption Risk Assessment in the PRC: How to Detect Patterns of Bribery and Non-Compliant Behavior
Hua Lee, Legal Counsel, Rockwell Automation (Beijing)
Grant Jamieson, Partner, Asia-Pacific Forensic Chairman and China Forensic Practice Leader, KPMG (Hong Kong)
Nicholas V. Chen, Pamir Law Group (Shanghai)
Implementing a Risk-Oriented Due Diligence Process for Intermediaries in China
John W. Sullivan, Asia Legal Director, Texas Instruments (Beijing)
Ning Fei, Jun He (Shanghai)
John Auerbach, Managing Director, Fraud & Investigation Dispute Services, Ernst & Young (Shanghai)
Investigating Questionable Payments in China: How to Conduct Cost-Effective and Fact-Finding Internal Investigations
Frederic R. Miller, Partner, Investigations and Forensic Services, PricewaterhouseCoopers LLP (Washington)
Wu Wei, King & Wood (Beijing)
Implementing and Monitoring an Effective Anti-Corruption Compliance Program for Chinese Operations
Hong Liu, Regional Counsel – Greater China, Corning China (Shanghai)
Dr. Zhang Xi, General Counsel, Asia, Celanese China Holding Co. (Shanghai)
Liz Li, Corporate Counsel – Asia Pacific, Caterpillar (China) Investment Co., Ltd. (Shanghai)
Panel Moderator:
K. Lesli Ligorner, Paul, Hastings, Janofsky & Walker LLP (Shanghai)
FCPA Books and Records Requirements & Unique Features of China’s Accounting System
Nathan Garrett Bush, O’Melveny & Myers LLP (Beijing)
John Donker, Partner, Forensic Services, PricewaterhouseCoopers LLP (Hong Kong)
The Delicate Art of Gift-Giving and Entertainment in China: Balancing Politeness and the Letter of the Law
Bobby D. Butler, Jr., Vice President & Chief Compliance Officer, Universal Weather & Aviation (Houston)
Alexandra Wrage, President, Trace International (Washington)
Keynote Address – The OECD Anti-Bribery Convention: Monitoring and Future Initiatives
Nicola Bonucci, Director of Legal Affairs, OECD – Organisation for Economic Co-Operation and Development (Paris)
Conducting Pre-Acquisition Due Diligence and Overcoming Integration Challenges
Lester Ross, Wilmer Cutler Pickering Hale and Dorr LLP (Beijing)
Remediation Programs – How to Restore Confidence and Enhance Compliance after an Anti-Corruption Investigation or Penalty Involving China
Stefan Hoffmann-Kuhnt, Vice President & Regional Compliance Officer, Siemens Ltd., China (Beijing)
Patrick M. Norton, Steptoe & Johnson LLP (Washington)
Facilitating and “Grease” Payments, Small Bribes: Understanding the Limits of Reasonable Payments in China
Yuet-Ming Tham, DLA Piper (Hong Kong)
Agnieszka Moskal Gallagher, Assistant General Counsel, Regulatory Law and Legal Policy Lead, Emerging Markets Business Unit, Pfizer (Hong Kong)
Katharine A. Bostick, Director Compliance & Litigation, Asia Pacific, Microsoft Operations Pte Ltd (Singapore)
Publication Details