Annual Canadian Forum on Foreign Corruption: Compliance and Enforcement

Tuesday, April 28, 2009

About

Can your compliance program sustain the heat of increased anti-bribery enforcement around the globe?

The enforcement of foreign corruption legislation continues to grow unabated across industries and around the globe. Transparency International reported that in 2008, 263 investigations were launched and 256 cases were brought in 19 OECD countries. US regulators are spearheading over 91 enforcement actions currently, including several high profile investigations involving prominent European companies. Landmark cases such as Siemens, Baker Hughes and Willbros make it clear that the financial and reputational costs of non-compliance are devastating for both companies and individuals named in anti-bribery investigations.

With the pace and reach of enforcement activity, Canadian companies must also realize their vulnerabilities. On the one hand, Canadian companies with a listing on a US stock exchange and US operations must be mindful of how the US Foreign Corrupt Practices Act (FCPA) impacts them and can subject them to investigation and possible prosecution by US authorities. The penalties are staggering and include imprisonment, substantial fines, civil law suits, court appointed monitoring at company cost and delisting from exchanges. As well, the enforcement push is growing from within Canada’s borders. The RCMP has recently established a team of investigators who are focused on enforcing Canada’s anti-corruption legislation, the Corruption of Foreign Public Officials Act (CFPOA). They have begun building their investigations against companies engaged in bribery and foreign corruption. As Canadian companies increasingly look abroad and to emerging markets for business opportunities and growth, developing a pro-active compliance strategy becomes not a luxury but a necessity.

Now in its 2nd successful year, the American Conference Institute and The Canadian Institute’s Canadian Forum on Bribery and Foreign Corruption – Compliance and Enforcement has once again gathered a leading faculty of experienced in-house and private practice lawyers, ethics and compliance executives and government officials who will provide the latest strategies to facilitate compliance with anti-corruption laws and mitigate damages should a violation ever happen.The program included the latest information on:

• Drafting and implementing a strong anti-corruption compliance program
• Defining what risks your company is exposed to based upon where it does business
• Determining what the best practices are when paying for the travel, lodging and entertainment of foreign officials
• Knowing how to define a facilitation payment so that “grease” does not become a bribe
• Conducting an internal investigation and working with the RCMP and other governmental bodies should you identify a violation
• How reciprocity and increasing cooperation between regulators is leading the global anti-corruption enforcement boom

Contents & Contributors

Rising Anti-Bribery Enforcement in Europe: How the Latest Cases Affect Canadian Companies
Gwenaëlle Le Coustumer, Legal expert, Anti-Corruption Division, Directorate for Financial and Enterprise Affairs, OECD (Paris, France)

The CFPOA – Canadian Enforcement Priorities and How to Prepare
Stephen Foster, Superintendent – International Anti-Corruption Unit, RCMP (Ottawa, ON)
Richard Wagner, Ogilvy Renault LLP (Ottawa, ON)

Conducting an Effective Corruption Risk Assessment to Identify Trouble Spots
Matthew Tanzer, Vice President, Chief Counsel, Tyco International Ltd.(Princeton, NJ)
James Tillen, Miller & Chevalier Chartered (Washington, DC)
Sheri Rudberg, Corporate Counsel, Baxter International (Deerfield, IL)

Facilitation Payments or Small Bribes: How to Distinguish Them
William B. Jacobson, Fulbright & Jaworski LLP (Washington, DC)

Reducing Liability Risks from Foreign Third Parties: How to Review Foreign Agents, Consultants, Joint Venture Partners and Freight Forwarders
Lucinda A. Low, Steptoe & Johnson LLP (Washington, DC)

Ensuring Program Adherence: Promoting Awareness and Developing Effective Training
Martin Mueller, Vice President and Chief Compliance Counsel, Nexen Inc. (Calgary, AB)
Bruce N. Futterer, Vice President and General Counsel, General Electric Canada (Mississauga, ON)

M&A and Financing: Conducting Effective Due Diligence to Uncover Potential Liabilities
Charles F. Walker, Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)
Peter Dent, Partner and National Leader – Forensic & Dispute Services, Deloitte & Touche LLP (Toronto, ON)

Gifts and Hospitality: Preventing Pitfalls of Hosting, Traveling, Entertaining and Lodging Foreign Officials
Elizabeth DiDonato, Executive Director, Research Oversight and Compliance Office, University of Toronto (Toronto, ON)
Robert Timberg, Director of Global Ethics, Nortel (Toronto, ON)
Carolyn Lindsey, Director, Member Services, Trace International, Inc. (Annapolis, MD)

Responding to a Government Investigation – What To Do if the US SEC or DOJ Comes Knocking
Bruce E. Yannett, Debevoise & Plimpton LLP (New York, NY)

Special Address – The Challenges of Changing Corporate Culture: Enhancing Compliance and Moving to Collective Action
Richard Brait, General Counsel, Siemens Canada Limited (Mississauga, ON)

Developing and Implementing an Effective Internal Anti-Corruption Program
Greg Sayer, Chief Compliance Counsel, Atomic Energy of Canada Limited (Mississauga, ON)
Zachariah Ezekiel, Senior Manager, Business Conduct and Projects, Scotiabank (Toronto, ON)
Jane L. Wexton, Wexton Advisors (New York, NY)

Preparing for a Wave of Collateral Litigation and How to Defend Your Company
Danforth Newcomb, Shearman & Sterling LLP (New York, NY)

Dealing with Suspected and Alleged Violations: Conducting an Internal Investigation
Patricia M. Byrne, Counsel, International and Domestic Compliance,BAE Systems, Inc. (Arlington, VA)
James M. Klotz, Miller Thomson LLP (Toronto, ON)

Location:
Toronto

Pricing: