Agenda
Day 1 — Main Conference
March 9, 2021
Katharine A. BostickDirector, Compliance & Litigation, Greater China RegionMicrosoft (China)
Mona DangeVice President – Ethics & ComplianceNokia (Singapore)
Ritankar SahuVisiting ScholarDuke 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 PangSenior Director & Associate General Counsel, Global Markets Compliance Officer (APJ, EMEA & LATAM)WMware (Singapore)
Paul KorteDirector, Group ComplianceStandard Chartered Bank (Singapore)
Siobhan MurrayAssociate General Counsel, Asia Pacific Trust & Compliance OfficerIBM (Singapore)
Tim JacksonHead 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 SheaRegional Director of Compliance & Litigation, AsiaMicrosoft (Singapore)
Hwa Kyung LeeGlobal Compliance Officer (South Korea, Taiwan, Thailand, Indonesia, Vietnam)Line Corporation (South Korea)
Brent E. JonesSenior Director of Investigations, Asia Pacific and JapanHewlett Packard Enterprise (Singapore)
Kelly S. AustinPartnerGibson, 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 DangeVice President – Ethics & ComplianceNokia (Singapore)
Caroline CherrettAsia Compliance Leader, Supply ChainGE 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 HutagalungCountry DirectorGE Power (Indonesia)
Eddie ChuahPartnerWong & Partners (Malaysia)
Ira A. EddymurthyPartnerSSEK (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
Day 2 — Main Conference
March 10, 2021
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. CestaroChief, FCPA Unit, Fraud Section, Criminal DivisionU.S. Department of Justice
Adam W. StorerSupervisory Special Agent, International Corruption UnitFederal Bureau of Investigation, FBI (USA)
Brian F. SaulnierPartnerK&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 BinHead of Group Global Anti-Corruption & Head of Group Ethics & Compliance, APACNatura & Co. (Singapore)
Shulin TaySenior Legal Counsel and Data Protection OfficerRevolut (Singapore)
Paul SumilasVice President, Compliance Officer, and Senior Legal Counsel, APACZimmer Biomet (Singapore)
B. Chen ZhuPartnerMorrison & 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
Stanley T. ParkManaging Director/Head of Legal - Asia Pacific RegionScotiabank (Singapore)
Aaron Lee Teck ChyePartnerAllen & 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 TalatiSenior Integrity Specialist, Office of Anticorruption and IntegrityAsian Development Bank (Philippines)
Meena SankarLead for IFC’s Anti-Corruption and Integrity Risk Management in Asia PacificInternational 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. BostickDirector, Compliance & Litigation, Greater China RegionMicrosoft (China)
Yuan Z. WangCompliance Officer and Legal CounselGM China
Caroline BerubeManaging PartnerHJM 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 MakAssociate Professor, Accounting and Former Vice Dean
Founder and Director of the First Corporate Governance Centre in Singapore at NUSNational University of Singapore (NUS) Business School (Singapore)
Mini vandePolPartnerBaker McKenzie (Hong Kong)
Ritankar SahuVisiting ScholarDuke 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.
Conference Day 2 Adjourns
Day 3 — Main Conference
March 11, 2021
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. MattooSenior AttorneyWinston & Strawn LLP (United Kingdom)
Ritankar SahuVisiting ScholarDuke 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 GrenierHead of Compliance, MOAIEricsson (Singapore)
Li Ping TanHead, Ethics & ComplianceSATS Ltd. (Singapore)
Sanjay SidhuExecutive Director, AdvisoryBDO (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 BasuDirector and Corporate Counsel APAC Splunk (Singapore)
Campbell ClarkVP, Legal & Compliance, APACMedtronic (Singapore)
Niki MarkSenior Legal Counsel – Compliance, APAC & JapanAdobe (Singapore)
Daniel P. LevisonPartnerMorrison & 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 ThompsonCompliance CounselBHP
Liliya BarchukHead of Anti Bribery and Corruption, ASIA
Conduct, Financial Crime & ComplianceStandard Chartered Bank
K. Trisha ChangSenior Foreign AttorneyKim & Chang (South Korea)
Orsolya Szotyory-GroveCounselMayer 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.