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

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)



DOCUMENT TYPES: PPT PPTX PDF DOC PRESENTATIONS AVAILABLE: 18

8:00
Registration & Coffee
9:00
Opening Remarks and Welcome from the Conference Co-Chairs
Mr. James M. Klotz
Partner
Miller Thomson LLP
Mr. Robert Timberg
Director of Global Ethics
Nortel Networks
9:15
The US Foreign Corrupt Practices Act - Its Extraterritoriality‚ Latest Cases and Canadian Companies' Risk Exposure
William J. Stuckwisch
Partner
Kirkland & Ellis (Former Assistant Chief, Fraud Section, FCPA Unit, USDOJ)
Peter B. Clark
Partner
Cadwalader‚ Wickersham & Taft LLP
10:30
Rising Anti-Bribery Enforcement in Europe: How the Latest Cases Affect Canadian Companies
Ms. Gwenaëlle Le Coustumer
Legal expert‚ Anti-Corruption Division‚ Directorate for Financial and Enterprise Affairs
OECD
1 file
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
192 KB 10 pages Presentation
PPT - The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
Mr. Bruce E. Yannett
Partner
Debevoise & Plimpton LLP
1 file
Responding to a Government Investigation – What To Do if the US SEC or DOJ Comes Knocking
209 KB 11 pages Presentation
PPT - Responding to a Government Investigation – What To Do if the US SEC or DOJComes Knocking
11:30
Networking Coffee Break
11:45
The CFPOA - Canadian Enforcement Priorities and How to Prepare
Superintendent Stephen Foster
Superintendent - International Anti-Corruption Unit
RCMP
1 file
Bribery and Foreign Corruption Compliance and Enforcement
436 KB 11 pages Video
PPT - Bribery and Foreign CorruptionCompliance and Enforcement
Mr. Richard A. Wagner
Senior Partner
Norton Rose OR LLP
1 file
Bribery and Foreign Corruption Compliance and Enforcement
436 KB 11 pages Video
PPT - Bribery and Foreign CorruptionCompliance and Enforcement
12:45
Networking Luncheon for Speakers and Delegates
14:00
Conducting an Effective Corruption Risk Assessment to Identify Trouble Spots
Mr. Matthew Tanzer
Vice President and Chief Compliance Counsel
Tyco International (US) Inc.
1 file
Conducting Effective Corruption Risk Assessments
1.5 MB 20 pages Presentation
PDF - Conducting Effective Corruption Risk Assessments
Mr. James Tillen
Member
Miller & Chevalier Chartered
1 file
Conducting Effective FCPA Risk Assessments
215 KB 27 pages Presentation
PPT - Conducting Effective FCPA Risk Assessments
Ms. Sheri Rudberg
Senior Counsel
Baxter International Inc.
1 file
Baxter International Inc.
463.8 KB 11 pages Presentation
PPTX - Baxter International Inc.
15:00
Facilitation Payments or Small Bribes: How to Distinguish Them
-Mr. William B. Jacobson
Partner
Fulbright & Jaworski‚ LLP
1 file
Facilitation Payments
1.2 MB 18 pages Presentation
PPT - Facilitation Payments
15:45
Refreshment Break
16:00
Reducing Liability Risks from Foreign Third Parties: How to Review Foreign Agents‚ Consultants‚ Joint Venture Partners and Freight Forwarders
Mr. Gordon McKechnie
VP & General Counsel
Canadian Bank Note Company‚ Ltd.
-Ms. Lucinda Ann Low
Partner
Steptoe & Johnson LLP
1 file
REDUCING RISKS OF THIRD-PARTY LIABILITY
237.5 KB 39 pages White Paper
DOC - REDUCING RISKS OF THIRD-PARTY LIABILITY
17:15
Conference Adjourns for the Day
9:00
Opening Remarks from the Co-Chairs
Mr. James M. Klotz
Partner
Miller Thomson LLP
Mr. Robert Timberg
Director of Global Ethics
Nortel Networks
9:05
Ensuring Program Adherence: Promoting Awareness and Developing Effective Training
Mr. Martin Mueller
VP and Chief Compliance Counsel
Nexen Inc.
1 file
Ensuring Program Adherence: Promoting Awareness and Developing Effective Training
408.5 KB 13 pages Presentation
PPT - Ensuring Program Adherence: Promoting Awareness andDeveloping Effective Training
Mr. Bruce Futterer
VP and General Counsel
GE Canada Inc.
1 file
Ensuring Program Adherence: Promoting Awareness and Developing Effective Training
1.8 MB 21 pages Presentation
PPT - Ensuring Program Adherence: Promoting Awareness and Developing Effective Training
9:45
M&A and Financing: Conducting Effective Due Diligence to Uncover Potential Liabilities
Mr. Charles F. Walker
Partner
Skadden‚ Arps‚ Slate‚ Meagher & Flom LLP
1 file
M&A FCPA due diligence – an overview
699.8 KB 25 pages Presentation
PPTX - M&A FCPA due diligence – an overview
Mr. Peter Dent
Partner
Deloitte & Touche LLP
1 file
M&A FCPA due diligence – an overview
699.8 KB 25 pages Presentation
PPTX - M&A FCPA due diligence – an overview
10:45
Coffee Break
11:00
Gifts and Hospitality: Preventing Pitfalls of Hosting‚ Traveling‚ Entertaining and Lodging Foreign Officials
Ms. Elizabeth DiDonato
Executive Director‚ Research Oversight and Compliance Office
University of Toronto
1 file
Gifts & Hospitality
9.1 MB 31 pages Presentation
PPT - Gifts & Hospitality
Mr. Robert Timberg
Director of Global Ethics
Nortel Networks
1 file
Gifts and Hospitality: Preventing Pitfalls of Hosting, Traveling, Entertaining and Lodging Foreign Officials
200 KB 20 pages Presentation
PPT - Gifts and Hospitality: Preventing Pitfalls of Hosting, Traveling, Entertaining and Lodging Foreign Officials
Ms. Carolyn Lindsey
Senior International Compliance Counsel
NBCUniversal
1 file
Gifts, Hospitality and Travel
235.5 KB 8 pages Presentation
PPT - Gifts, Hospitality and Travel
12:00
Responding to a Government Investigation - What To Do if the US SEC or DOJ Comes Knocking
Mr. Bruce E. Yannett
Partner
Debevoise & Plimpton LLP
1 file
Responding to a Government Investigation – What To Do if the US SEC or DOJ Comes Knocking
209 KB 11 pages Presentation
PPT - Responding to a Government Investigation – What To Do if the US SEC or DOJComes Knocking
12:30
Networking Luncheon for Attendees and Speakers
13:45
Special Address - The Challenges of Changing Corporate Culture: Enhancing Compliance and Moving to Collective Action
Mr. Richard A. Brait
General Counsel
Siemens Canada Limited
1 file
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
119.5 KB 10 pages White Paper
PDF - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
14:15
Developing and Implementing an Effective Internal Anti-Corruption Program
Mr. Zachariah Ezekiel
Senior Manager
Scotiabank
1 file
Developing an Effective Anti-Corruption Program
215 KB 6 pages Presentation
PPT - Developing an Effective Anti-Corruption Program
Ms. Jane Wexton

Wexton Advisors
1 file
Developing an Effective Anti-Corruption Program
215 KB 6 pages Presentation
PPT - Developing an Effective Anti-Corruption Program
15:15
Refreshment Break
15:30
Preparing for a Wave of Collateral Litigation and How to Defend Your Company
Mr. Danforth Newcomb
Partner
Shearman & Sterling LLP
1 file
Parallel FCPA Litigation
265 KB 4 pages Presentation
PPT - Parallel  FCPA Litigation
16:30
Dealing with Suspected and Alleged Violations: Conducting an Internal Investigation
Ms. Patricia Byrne
VP & Associate General Counsel, International Compliance
BAE Systems North America Inc.
1 file
Dealing with Suspected and Alleged Violations: Conducting an Internal Investigation
120.5 KB 4 pages Presentation
PPT - Dealing with Suspected and Alleged Violations: Conducting an Internal Investigation
Mr. James M. Klotz
Partner
Miller Thomson LLP
1 file
Dealing with Suspected and Alleged Violations: Conducting an Internal Investigation
120.5 KB 4 pages Presentation
PPT - Dealing with Suspected and Alleged Violations: Conducting an Internal Investigation
17:00
Conference Ends