Asia Pacific Summit on Anti-Corruption

Opening Remarks from the Co-Chairs

Katharine A. Bostick
Director, Compliance & Litigation, Greater China Region
Microsoft (China)

Mona Dange
Vice President – Ethics & Compliance
Nokia (Singapore)

Ritankar Sahu
Visiting Scholar
Duke University
(Former General Counsel & Head of Compliance at MAXpower Corporation, 2017-2020)

WHAT HAS BEEN COMING ACROSS YOUR DESK?

The New, Unique Realities of Compliance Across the Region – and the Hidden Lessons: Tackling High Stakes Issues in Uncertain Times

Kay Pang
Senior Director & Associate General Counsel, Global Markets Compliance Officer (APJ, EMEA & LATAM)
WMware (Singapore)

Paul Korte
Director, Group Compliance
Standard Chartered Bank (Singapore)

Siobhan Murray
Associate General Counsel, Asia Pacific Trust & Compliance Officer
IBM (Singapore)

Tim Jackson
Head of Legal & Compliance (Asia Pacific & Middle East)
Vale (Singapore)

Leading anti-corruption and compliance experts will gather for this panel to reflect on the most important takeaways, hidden lessons and war stories on guiding their companies through these unprecedented times.

Topics will include:

• Remote working and “virtual” compliance: The latest best practices
• Behavioral compliance: Employee training — and when to re-train
• Monitoring teams on the frontlines: Sales and marketing
• Whistleblowers and reporting: How the pandemic has affected the drive toward a “speak up” culture
• Covid-19 and the difficulty of travel and on-site verification of compliance
• Budgetary pressures, and obtaining senior-level buy-in and commitment to compliance

INTERNAL INVESTIGATIONS ACROSS THE APAC REGION

Contrasting Local Differences on Privilege, Evidence Gathering, Cooperation with Authorities and Cultural Norms

Dan Shea
Regional Director of Compliance & Litigation, Asia
Microsoft (Singapore)

Hwa Kyung Lee
Global Compliance Officer (South Korea, Taiwan, Thailand, Indonesia, Vietnam)
Line Corporation (South Korea)

Brent E. Jones
Senior Director of Investigations, Asia Pacific and Japan
Hewlett Packard Enterprise (Singapore)

Kelly S. Austin
Partner
Gibson, Dunn & Crutcher LLP (Hong Kong)

• Beyond the “legal”: Cultural nuances across countries and the impact on conducting internal investigations
• The scope of privilege across APAC relating to interviews during an internal investigation, notes and memoranda
• The risk of “follow-on” cases: When a resolved or settled case in one jurisdiction could trigger new bribery investigations in other countries
• Local laws affecting your internal investigation and ability to cooperate with authorities: Data privacy, State Secret Law, privilege, evidence-gathering procedures and more
• How the increasing use of social media and messaging apps has affected the course of internal investigations
• When multi-jurisdictional bribery enforcement could spark investigations of other potential crimes, including fraud, money laundering and privacy violations-and vice versa
• Impact of multi-jurisdictional enforcement risks on your decision to disclose or cooperate

1:1 Networking

Break

DATA PROTECTION; PRIVACY; CYBERSECURITY; FACIAL RECOGNITION AND HUMAN RIGHTS

How Industry is Incorporating Local Requirements Into an Effective Regional Compliance Program

Mona Dange
Vice President – Ethics & Compliance
Nokia (Singapore)

Caroline Cherrett
Asia Compliance Leader, Supply Chain
GE Aviation

• How industry is managing the real-world impact of GDPR, China Cyber Security Law and other APAC privacy laws
• Revisiting WeChat and WhatsApp compliance risks: What is now good practice for record review and retention, discovery, reporting, evidence gathering and cybersecurity
• Mitigating newfound cyber risks posed by the USDOJ’s new messaging policy
• Best practices for cross-border data transfers
• Resolving key misconceptions about data collection and retention requirements
• Movement tracking and facial recognition: How APAC governments are applying novel technologies differently and “in furtherance of public safety” — what this means for your company’s compliance program
• Managing the interplay of technology and human rights

COUNTRY VIGNETTES: MALAYSIA AND INDONESIA

Practical Implications of Malaysia’s New Corporate Liability Law and Indonesia’s Anti-Bribery Efforts

David Hutagalung
Country Director
GE Power (Indonesia)

Eddie Chuah
Partner
Wong & Partners (Malaysia)

Ira A. Eddymurthy
Partner
SSEK (Indonesia)

• Anticipating the impact of Malaysia’s corporate liability law under Section 17A of the Malaysian Anti-Corruption Commission (MACC)
• Capacity-building on compliance in Malaysia: MACC’s call for businesses to spend a fair amount of their annual budget on anti-corruption efforts
• Impact of the inclusion of Indonesia’s Corruption Eradication Commission (KPK) in other government agencies’ anti-graft measures
• Assessing the effectiveness of the KPK’s enhanced collaboration efforts with international enforcement agencies, such as Singapore’s CPIB and the UK’s SFO, in investigating wrongdoing and bringing those responsible to justice

Conference Day 1 Adjourns

Remarks from the Co-Chairs

U.S. ENFORCEMENT AGENCY SPECIAL INTERVIEW

Important Takeaways on Extra-Territorial Enforcement, Individual Liability, and Cross-Agency Coordination

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

Adam W. Storer
Supervisory Special Agent, International Corruption Unit
Federal Bureau of Investigation, FBI (USA)

Moderator:

Brian F. Saulnier
Partner
K&L Gates LLP (USA)

• The extent of collaboration between U.S. and U.K. agencies, and various APAC-based enforcement bodies
• Where the APAC region’s anti-bribery authorities fit into the larger, global anti-corruption enforcement landscape
• U.S. enforcement priorities for 2021 and takeaways from 2020
• The DOJ’s China Initiative and how it has been enforced
• Instant Messaging: Investigative challenges posed by the use of ephemeral communications

THIRD PARTY MANAGEMENT IN TOUGH TIMES

How Industry is Keeping a Closer Eye on Channel Partners, Agents, Distributors and Other Intermediaries

Patience Bin
Head of Group Global Anti-Corruption & Head of Group Ethics & Compliance, APAC
Natura & Co. (Singapore)

Shulin Tay
Senior Legal Counsel and Data Protection Officer
Revolut (Singapore)

Paul Sumilas
Vice President, Compliance Officer, and Senior Legal Counsel, APAC
Zimmer Biomet (Singapore)

Moderator:

B. Chen Zhu
Partner
Morrison & Foerster LLP (Hong Kong)

• Revisiting third party management of various types of business partners
• How to incorporate effective front-end vetting and screening protocols based on the type of relationship and interests represented by the third party
• Developing a model that stratifies your risk based on third parties — and how to Perform due diligence accordingly
• How much due diligence is enough: How to know if your approach is truly “risk-based”, and when and how much due diligence to perform for an ongoing, existing third party relationship
• What to do with information uncovered during the vetting process: How to evaluate red flags
• Auditing a third party, and how often to exercise audit rights
• Knowing when to terminate a third party relationship: Legal, compliance and contractual considerations

1:1 Networking

Break

SPECIAL INTERVIEW

Life Amid A Global Health Crisis: Seeing the Bigger Picture

Stanley T. Park
Managing Director/Head of Legal - Asia Pacific Region
Scotiabank (Singapore)

Moderator:

Aaron Lee Teck Chye
Partner
Allen & Gledhill LLP (Singapore)

During this highly anticipated interview, participants will benefit from strategic insights at the highest level on the most pressing, “big picture” risks of the present and future.

EXCLUSIVE INTERVIEW WITH MDBs

What Triggers Suspension and Debarment in the Region: Trends, Priorities and Important Takeaways for Multinationals

Nusserwan Talati
Senior Integrity Specialist, Office of Anticorruption and Integrity
Asian Development Bank (Philippines)

Meena Sankar
Lead for IFC’s Anti-Corruption and Integrity Risk Management in Asia Pacific
International Finance Corporation, World Bank Group (USA)

This highly anticipated panel will discuss the debarment sanctions that MDBs impose on corporations that engage in corrupt and other noncompliant business practices. Learn how MDB enforcement practices have evolved in APAC, what this means for CCOs’ risk calculations, and how to minimize the risk of debarment and other consequences.

CHINA

Recent Changes to China’s Anti-Monopoly Law, and New Corruption and Fraud Enforcement Trends Amid Covid-19

Katharine A. Bostick
Director, Compliance & Litigation, Greater China Region
Microsoft (China)

Yuan Z. Wang
Compliance Officer and Legal Counsel
GM China

Caroline Berube
Managing Partner
HJM Asia Law & Co LLC (China & Singapore)

• Evolving Chinese government enforcement trends and priorities, including which industries have been “under the microscope”
• Increased focus on fraud amid covid-19 and best practices for interacting with government agencies over the course of an investigation
• Penalty trends and key takeaways from the latest local commercial bribery cases
• How to know if your program is adequately updated in response to rapidly evolving legislative and regulatory developments
• Dovetailing data security, anti-bribery, antitrust and other core requirements
• Uncertainty and crisis response: How to proactively prepare for the unexpected
• New, emerging risks to watch now: Perspectives on how to prepare for the next wave of enforcement

SPECIAL INTERVIEW

Board and Corporate Governance Considerations for Cross-Border M&A Amid Economic Uncertainty

Yuan Teen Mak
Associate Professor, Accounting and Former Vice Dean
Founder and Director of the First Corporate Governance Centre in Singapore at NUS
National University of Singapore (NUS) Business School (Singapore)

Mini vandePol
Partner
Baker McKenzie (Hong Kong)

Ritankar Sahu
Visiting Scholar
Duke University
(Former General Counsel & Head of Compliance at MAXpower Corporation, 2017-2020)

Amid the global pandemic, get up-to-speed on the newest, innovative approaches to cross-border M&A, and how industry is re-thinking their strategies, risk tolerance and ROI.

Compliance Benchmarking Roundtable

The Surprising, Unexpected Legal and Compliance Lessons from Covid-19: Supply Chain and Business Continuity

Samantha Wong
Global Business Conduct Director, Asia Pacific
Eastman (Singapore)

Naeree (Valentine) Kang
Chief Compliance Officer – Asia
Veolia (Hong Kong)

Conference Day 2 Adjourns

Remarks from the Co-Chairs

ANONYMOUS POLLING – SUBMIT YOUR MOST BURNING QUESTIONS

Corporations and Individuals as Defendants: Things That People Don’t Talk About – But Should

Salah M. Mattoo
Senior Attorney
Winston & Strawn LLP (United Kingdom)

Ritankar Sahu
Visiting Scholar
Duke University
(Former General Counsel & Head of Compliance at MAXpower Corporation, 2017-2020)

Both corporations and individuals have been facing increased and unprecedented liability risks as enforcement agencies worldwide intensify their focus on prosecuting individuals. This panel will address important, new trends and pressing issues to flag now – with topics of discussion to include:

• In-house and outside counsel, compliance officers and financial executives under the microscope: Defense counsel perspectives on emerging new liability trends
• The move toward prosecutions of corporate “gatekeepers” in particular, including general counsel, chief compliance officers and accountants
• Scope of the legal and compliance officers’ obligations to investigate potential red flags and monitor suspicious activity
• Recent enforcement actions against individual executives and key takeaways

HYPOTHETICAL SCENARIOS: CHINA; VIETNAM; THE PHILIPPINES AND BEYOND

The Grey Areas of Gifts, Travel, Entertainment and Charitable Contributions: Best Practices for Compliance, Recordkeeping and Internal Controls

Marie Grenier
Head of Compliance, MOAI
Ericsson (Singapore)

Li Ping Tan
Head, Ethics & Compliance
SATS Ltd. (Singapore)

Sanjay Sidhu
Executive Director, Advisory
BDO (Malaysia)

• Understanding the important nuances in gift giving, entertainment and sponsorship risks
• Which could lead to a local regulatory violation and trigger enforcement
• What is now required for internal controls and risk detection
• Difference between a “custom” and a “Bribe”-and what crosses the line
• Crafting guidelines for the compensation of consultants and advisors
• Risk controls in the context of facilitation payments
• Special gifts, travel, entertainment and hospitality considerations when government is the third party or JV partner
• How to keep sponsorship expenses transparent
• Responding to requests for bribes across Southeast Asia

1:1 Networking

Break

INTERVIEW: A DAY IN THE LIFE

The “New Normal” of Compliance Remotely and In-Person: Best Practices for Simplifying and Optimizing Effectiveness

Mekhla Basu
Director and Corporate Counsel APAC
Splunk (Singapore)

Campbell Clark
VP, Legal & Compliance, APAC
Medtronic (Singapore)

Niki Mark
Senior Legal Counsel – Compliance, APAC & Japan
Adobe (Singapore)

Moderator:

Daniel P. Levison
Partner
Morrison & Foerster LLP (Singapore)

Come prepared with your questions as three of the region’s leading in-house compliance experts talk candidly about their new day-to-day “normal” in the wake of Covid-19.

• What can be done without face-to-face optimize furtherance of building a compliance program
• “Keep it lean, keep it simple” – Rendering your compliance program more “friendly” and “accessible” to both internal and external (e.g., third parties) stakeholders
• How the role of a compliance officer has evolved since last year — at small vs. big companies

Managing Bribery and Corruption Risks in Global Supply Chain

Practical methods to understand, prevent and mitigate corruption risks and discuss some challenges with implementing controls

Lisa Thompson
Compliance Counsel
BHP

Liliya Barchuk
Head of Anti Bribery and Corruption, ASIA
Conduct, Financial Crime & Compliance
Standard Chartered Bank

COUNTRY VIGNETTES

South Korea, Thailand, Vietnam and Laos

K. Trisha Chang
Senior Foreign Attorney
Kim & Chang (South Korea)

Orsolya Szotyory-Grove
Counsel
Mayer Brown (Vietnam)

Learn and follow practical expert analyses of the latest anti-corruption developments and legislation that affect multinational companies’ compliance strategies in each country.

End of Conference