APAC & Latin America Regulatory And Enforcement Update

Dec 6, 2019 9:00am – 3:00pm

Brian G. Burke
Partner
Shearman & Sterling (China)

Nathan Bush
Partner, Head of Investigations, Antitrust and Competition, Asia
DLA Piper (Singapore)

Matteson Ellis
Member
Miller & Chevalier Chartered

Jianwei (Jerry) Fang
Partner
Zhong Lun Law Firm (China)

John Frangos
Partner
Co-Lead, Compliance & Investigations Practice

Tilleke & Gibbins (Thailand)

Guillermo Jorge
Head, Compliance, Investigations and Corporate Criminal Law Department
Bruchou, Fernández Madero & Lombardi (Argentina)

Luis Dantón Martinez Corres
Leader of the Compliance, Anti-Corruption and Investigations practice
Ritch, Mueller, Heather y Nicolau, S.C. (Mexico)

Sandra Orihuela

Orihuela Abogados (Peru)

Antenor Madruga
Partner
Feldens Madruga Advogados (Brazil)

8:30am
Opening Remarks from the Chair
Matteson Ellis
Member
Miller & Chevalier Chartered
CHINA
8:45am
Part I: A Complete Roadmap to the Local Agencies, Laws & Regulations: Who Does What for Anti-Bribery, Antitrust, Cyber and Data Security Enforcement
Brian G. Burke
Partner
Shearman & Sterling (China)
Jianwei (Jerry) Fang
Partner
Zhong Lun Law Firm (China)
 
  • Who does what: Clarifying the jurisdictions and roles of key agencies
  • The jurisdictions, functions and priorities of each agency
  • When the police become involved in corruption enforcement, including detention of individuals
9:15am
Part II: A Deep Dive Into Key Requirements, New and Anticipated Changes

Anti-Bribery & Antitrust

New anti-bribery compliance expectations and the local government crackdown: New, evolving standards and trends
The latest on commercial bribery risks, rising penalties and amendments to the Anti-Unfair Competition Law: How to know what crosses the line

  • Expanded scope of bribery-related violations and governmental powers
  • Clarified basis for vicarious liability; emphasis on actions of employees
  • Procedural emphasis and change
  • Jurisdiction of NSC and potential impact on foreign companies
  • NSC’s broad investigation powers
  • Government agency consolidation, including the State Administration for Market Regulation

Data Privacy, Security and Transfers

  • Status report on what has triggered penalties for data privacy and security violations
  • Best practices for cross-border data transfers
  • Defining “Critical Information Infrastructure”: When local government approval will be necessary for a data transfer
  • Key elements of the pending data security law and guidelines
  • Using and transferring consumer data: Pitfalls to avoid
  • Key differences between the China Data Security landscape and GDPR
  • Rolling out a successful marketing campaign within data security limits
  • How to collect and use lawful consumer data for your marketing campaign
  • HQ and local office data resource sharing

Whistleblowers

  • The biggest misunderstanding about key requirements
  • Requirements affecting reporting and compliant management
10:45am
Networking Break
11:00am
SOUTHEAST ASIA
John Frangos
Partner
Co-Lead, Compliance & Investigations Practice at Tilleke & Gibbins (Thailand)
Nathan Bush
Partner, Head of Investigations, Antitrust and Competition, Asia at DLA Piper (Singapore)

Singapore

  • Corrupt Practices Investigations Bureau (CPIB) anti-bribery enforcement crackdown on individuals and corporations
  • 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 Post-1MDB

  • Jurisdiction and effectiveness of the Malaysian Anti-Corruption Commission (MACC)
  • Status report on the “war on corruption” and three-year plan to increase Malaysia’s corruption index ranking
  • The latest Malaysian anti-bribery and AML regulations
  • Recent enforcement actions and penalties
  • The biggest, newest areas of risk exposure in Malaysia
  • New Corporate and Executive Liability registrations
  • Appropriate compliance programmes accepted by the local government

Indonesia

  • Update on the Corruption Eradication Commission (KPK) investigations and cooperation with foreign authorities, including the SFO and CPIB
  • Impact of key reforms to strengthen anti-corruption enforcement, including the aftermath of decision No. 25/PUUXIV/ 2016 from the Constitutional Court to amend articles 2(1) and 3 of Law No. 31 of 1999

Vietnam

  • Common misunderstandings regarding the definition of “bribery” and “public official”
  • Limitations on gifts under The Anti-Corruption Law
  • Key provisions under the Penal Code
12:00pm
What’s Keeping You Up at Night?
Speakers and participants will have an opportunity to discuss highly complicated, stressful issues affecting their jobs each day. From getting (and staying) up-to-speed on key developments, training and managing employees worldwide to operating during a government investigation, no question is off the table
12:30pm
Networking Luncheon
LATIN AMERICA
1:30pm
Brazil
Antenor Madruga
Partner
Feldens Madruga Advogados (Brazil)
  • The Clean Company Act five years in: Status report on how it has been interpreted, applied and enforced
  • Dissecting the roles and responsibilities of agencies at the federal, state and municipal levels
  • Status update on guidelines by the MPF’s Anti-Corruption Unit
  • The extent of coordination across the agencies, the impact on settlements and penalties, and the risk of “double-dipping” (multiple fines for the same anti-corruption violation)
  • What is the likely the “next phase” of anti-corruption enforcement in Brazil post-Lava Jato
2:15pm
Argentina
Guillermo Jorge Head, Compliance, Investigations and Corporate Criminal Law Department Bruchou, Fernández Madero & Lombardi (Argentina)  
  • Argentine political landscape post-elections and the outlook for multinational companies
  • The future of the Notebook scandal and other prominent enforcement actions of the Macri’s administration
  • Comparing anticorruption enforcement in Argentina and Brazil
  • Corporate criminal liability, asset recovery and whistleblowing
  • Re-Review of public works contracts awarded to foreign companies for potential bribery: New risks to your business and bottom line
2:45pm
Mexico
Luis Dantón Martinez Corres Leader of the Compliance, Anti-Corruption and Investigations practice Ritch, Mueller, Heather y Nicolau, S.C. (Mexico)  
  • Status report on the political landscape under the new administration and the outlook for business
  • Key elements of Mexico’s revamped anticorruption legal framework
  • Impact of the new Federal Asset Forfeiture Law and further changes to the National Anti-Corruption System (SNA)
  • Enforcement trends in the country, and cooperation with international authorities
  • What next steps can be expected from the Mexican regulatory and enforcement authorities
  • The new implications of corporate criminal liability and administrative liability for Boards and management
3:30pm
The Andean Region – Focus on Peru, Ecuador & Colombia
Sandra Orihuela
Orihuela Abogados (Peru)
Matteson Ellis
Member
Miller & Chevalier Chartered
  • What anti-corruption legislation exists across the Andean countries, how are they similar and/ or different from one another, what are key elements, and what to watch out for
  • The extent of individual vs. corporate liability: Revisiting your risk profile
  • Legislation vs. enforcement in the region: The record to date, what to expect going forward, enforcement “competition” between countries and agencies
  • Special industry-specific rules and anti-bribery requirements when bidding for public contracts
  • How increased cross-border collaboration on bribery cases between regional prosecutors is changing companies’ risk exposure
  • Should you or should you not self-disclose corrupt conduct to authorities? To whom?
  • Key aspects of Peruvian Law 30424 on corporate liability for offenses on corruption, money-laundering and terrorist financing      
  • Aftermath of Peru’s joining two OECD Conventions:
  • » Anti-Bribery Convention
  • » Convention on Mutual Administrative Assistance in Tax Matters
4:00pm
Your Must Burning Questions Answered: Q & A with LatAm Experts
During this closing session, participants will benefit from in-person Q & A and discussion with faculty members across Latin America.  Ensure that you attend this session to ask any remaining questions, and hear what is keeping your peers up at night as well
4:45pm
Seminar Concludes