Nov 30, 2018

8:30am – 5:00pm

 

$1,395

Global Regulatory & Enforcement Update Seminar

Unlike the rest of the event, this acclaimed, comprehensive seminar solely focuses on developments outside of the United States, providing attendees with a unique chance to meet and learn from experts based across the globe. New for this year, the program will include an enhanced focus on the practical, “on the ground” impact of the new international enforcement and legislative landscapes.

 

 

Speakers

 

Christopher J. Cestaro
Assistant Chief, FCPA Unit Fraud Section, Criminal Division
U.S. Department of Justice

Harry Liu
Partner
King & Wood Mallesons (China)

Shaun Z. Wu
Partner
Kobre & Kim LLP (China)

Bapsy Dastur
General Counsel & Legal Officer
Stolt Nielsen (UK)

Sheila Shadmand
Partner
Jones Day (UAE)

John E. Herbst
Director, Eurasia Center
Atlantic Council
Former United States Ambassador to Ukraine

Carlos Chávez A.

Partner

Galicia Abogados, S.C. (Mexico)

Luís Inácio Lucena Adams
Partner
Tauil Chequer Advogados (Brazil)
(Former Attorney General of the Federative Republic of Brazil)

Hector Gadea
Partner
Benites, Vargas & Ugaz (Peru)

Juan Francisco Gonzàlez Guarderas
Pérez Bustamante & Ponce (Ecuador)

Gustavo Luis Morales Oliver
Partner
Marval O’Farrell & Mairal (Argentina)

Wilson Ang
Advocate & Solicitor
Norton Rose Fulbright (Asia) LLP (Singapore)

Bonie Guido
Founding Partner
Guido Hidayanto & Partners (Indonesia)

William Vivian John
Partner
Luthra & Luthra Law officer (India)

Daniel Kadar
Partner
Reed Smith (France)

 

Agenda

8:00
Registration Begins and Continental Breakfast

8:30
Opening Remarks from the Co-Chairs

8:45
International Prosecutions Roundtable: Updates on Multi-Jurisdictional Cooperation and Priorities

9:30
CHINA

The Ins and Outs of the Local Anti-Bribery, Whistleblower and Cyber Security Requirements: Revised Anti-Unfair Competition Law, New National Supervision Law and More

  • Overview of China’s anti-corruption campaign, and impact on multinationals doing business
    in China
  • How the new data governance regulation affects your anti-bribery compliance strategy
  • Recent amendments to PRC Anti-Unfair Competition Law
  • Implications of the new AUCL on enforcement actions
    • Expanded scope of bribery-related violations
    • Clarified basis for vicarious liability; emphasis on actions of employees
    • Procedural emphasis and change
  • National Supervision Commission and the crackdown on official corruption
    • Jurisdiction of NSC and potential impact on foreign companies
    • NSC’s broad investigation powers
    • Government agency consolidation, including new State Administration
      for Market Regulation
  • Key Chinese legal issues in investigations and practical concerns:
    • Chinese employment law
    • State secrecy
    • Data privacy and cybersecurity issues

10:15
UAE & SAUDI ARABIA

What Every Company Should Know about Newfound Risk Factors

  • The prevalence of state-owned entities and the anti-corruption implications
  • How gifts, hospitality and facilitation payments are now treated under the UAE’s
    anti-corruption framework
  • Recent developments, including the aftermath of amendments to the UAE Penal Code
  • How active and passive bribery, embezzlement and abuse of functions are now being
    criminalized under the Penal Code

10:45
Networking Break

11:00
FRANCE

Key Sapin II Updates, Increased Coordination with U.S. Authorities and the Risk of
Extra-Territorial Enforcement

  • Sapin II enforcement year in review: The evolving role of the French Anti-
    Corruption Agency (Agence Française Anti-Corruption), PNF and the risk of “double jeopardy”
  • The future of extra-territorial enforcement
  • Clarifying the compliance program Requirements
  • Status report on stepped up coordination with U.S. authorities
  • How the CJIP compares to U.S. and U.K. DPAs
  • Key takeaways from the first French DPA case
  • Update on France’s recent imposition of monitorships and how they
    differ from compliance monitors assigned by US DOJ
  • Impact of GDPR on the compliance program requirement under Sapin II,
    including third party due diligence (such as background checks)
  • New whistleblower protections under Sapin II

11:45
UKRAINE
Status Report on Recent, Anticipated Developments and their Practical Impact on Industry

12:15
Networking Luncheon

1:30
MEXICO

Changes to the Anti-Corruption Landscape Post-2018 Elections: When Will the Sistema Nacional Anticorrupción Bite?

  • Status report on the political landscape post-election and the outlook for industry
  • How the National Anti-Corruption System (SNA) is being implemented at the federal level and
    what steps companies should take to prepare themselves
  • How the general SNA legislation is being enacted at the state and municipal levels, and
    what challenges to implementation remain
  • Inside the General Law of Administrative Responsibilities (GLAR) and how compliance
    officers should factor it into their risk calculations
  • How new criminal liabilities for companies can affect their operations and compliance in
    Mexico
  • What next steps can be expected from the Mexican regulatory and enforcement authorities

2:00
BRAZIL

The “Next Phase” of Anti-Corruption Enforcement: A Practical Guide to the MPF, CGU, TCU and CVM Powers, Key Cases and Evolving Enforcement Realities on the Ground

  • What is the likely “next phase” of anti-corruption enforcement in Brazil in light of new cases
  • Dissecting the roles and responsibilities of agencies at the federal, state and municipal levels
  • Status update on the Clean Company Act and Leniency Agreements: New guidelines by the MPF’s Anti-Corruption Unit
  • Lessons learned from recent cases involving settlement negotiations: SBM Offshore, JBS
  • Perspectives on the present and future of Brazil-US cooperation

2:30
PERU AND ECUADOR

A Complete Update on New Anti-Corruption Legislation, Enforcement Priorities, and OECD Membership

Topics include:

  • The practical impact of Peru’s joining two OECD Conventions:
    • Anti-Bribery Convention
    • Convention on Mutual Administrative Assistance in Tax Matters
  • Peruvian Law 30424 on corporate liability for offenses on corruption, money-laundering and terrorist financing

3:00
Networking Break

3:15
ARGENTINA

What Argentina’s New Law on Corporate Criminal Liability Means for Multinationals with Local Business Interests

  • The new law and the impact on multinationals’ risk assessments
  • New rules for companies to reach settlement agreements with Argentina’s enforcement agencies
  • The extent of cooperation between Argentina and other enforcement authorities in Latin America
  • Clarifying the requirement for a compliance program in order to participate in public bidding and procurement

3:45
AFRICA

New for this year, industry experts will discuss the practical realities of operating in key markets, the latest anti-corruption initiatives and the shifting enforcement landscape. In addition to key updates, speakers will discuss the country-specific challenges affecting compliance program implementation and third party management.

  • Nigeria
  • Democratic Republic of the Congo
  • Angola
  • South Africa

4:30
INDIA

New Corporate and Individual Liability Risks: What Recent, Significant Changes Mean for Multinationals and Their Management Moving Forward

  • Key provisions of the Prevention of Corruption (Amendment) Act, 2018 and their impact on doing business in India.
  • Important changes to the nature of bribery offenses: What is “giving or promising to give a bribe or undue advantage”
  • Scope of liability for the acts of agents and associated third parties
  • Liability of parent companies for offenses by an Indian subsidiary
  • Updating compliance policies and procedures to satisfy new requirements: Best practices

5:00
SOUTHEAST ASIA

Singapore

  • Corruption Practices Investigation Bureau (CPIB) enforcement trends and conviction rates
  • New initiatives to strengthen anti-corruption measures:
    • CPIB Corruption Reporting & Heritage Centre
    • Singapore Standard of ISO 37001 on Anti-Bribery Management Systems

Malaysia

  • Jurisdiction and effectiveness of the Malaysian Anti-Corruption Commission (MACC)
  • Recent enforcement actions and penalties
  • How enforcement activity compares to other Southeast Asian countries: Status report on the “war on corruption” and three-year plan to increase Malaysia’s corruption index ranking

Indonesia

  • Update on the Corruption Eradication Commission (KPK) investigations and cooperation with foreign authorities, including the SFO and CPIB
  • Key reforms to strengthen anti-corruption enforcement, including decision No. 25/PUU-XIV/2016 from the Constitutional Court to amend articles 2(1) and 3 of Law No. 31 of 1999
  • Prosecutions of Corporations for breach of the Corruption Law and handling of corporate cases by the KPK and Attorney General Office
  • Facilitating payment and gratifications under Indonesian Law

Vietnam

  • Definition of “bribery” and “public official”
  • Limitations on gifts under The Anti-Corruption Law
  • Key provisions under the Penal Code

5:45
Seminar Concludes