Registration and Continental Breakfast

Conference Co-Chairs’ Opening Remarks

Bruno Ferraz de Camargo
Ethics and Compliance Director LATAM
Head of Global Anti-Corruption
Getinge

Pyter Stradioto
Senior Director of Compliance
Samsung

GOVERNMENT KEYNOTE

GOVERNMENT KEYNOTE

THE STATE OF ANTI-CORRUPTION FIVE YEARS AFTER THE CLEAN COMPANY ACT

Defense Counsel Discuss the Past, Present and Future of Risk and Compliance for Industry in Brazil

Antenor Madruga
Partner
FeldensMadruga

Lucinda A. Low
Partner
Steptoe & Johnson LLP (USA)

Laura N. Perkins
Partner
Hughes Hubbard & Reed LLP (USA)

Expert practitioners will discuss what multi-jurisdictional enforcement truly looks like on the ground – and how best to manage increasing, overlapping and uncertain risk factors, including:

• The risk of “follow-on” cases: When a resolved or settled case in one jurisdiction could trigger new bribery investigations in other countries
• The challenges of coordinating with multiple agencies: Best practices for communicating with foreign authorities

Coffee & Networking Break

IN-HOUSE EXECUTIVE INTERVIEW

How Brazil’s Evolving Enforcement and Business Landscapes Are Changing Day-to-Day Decision-Making: Getting Tough Legal and Compliance Calls Right

Márcio Campanelli Moreira
Head of Corporate Governance
Petróleo Brasileiro S.A. – Petrobras

Paulo José Alves
Head of Compliance
Petróleo Brasileiro S.A. – Petrobras

Charles E. Duross
Partner
Morrison & Foerster LLP (USA)

This highly anticipated, moderated panel will include practical insights from some of the foremost in-house decision-makers in the anti-corruption compliance field. It will address, among other things:

• How executives are factoring newly evolving enforcement trends into their decision-making
• How to know if you’re making the right call
• Where the compliance team fits into a company’s corporate strategy and overall plan for growth
• How to mitigate risks that are uncertain
• Lessons learned for interacting with Brazil’s multiple enforcement authorities

STATUS REPORT ON MONITORSHIPS

How Monitorships Are Evolving in Brazil and the United States: What Defines Success in the Eyes of the Authorities, the Company, and the Monitor

Carla Veríssimo
Procuradora Regional da República
Ministério Público Federal (MPF)

Everson Zaczuk Bassinello
Chief Audit, Risk & Compliance Officer
Braskem

Otávio Yazbek
Partner (Compliance Monitor for Odebrecht)
Yazbek Advogados

William B. Jacobson
Partner (Compliance Monitor for Braskem)
Orrick, Herrington & Sutcliffe LLP (USA)

Monitorships remain top of mind for the anti-corruption community in Brazil. Two years into the monitorships of Braskem and Odebrecht, the real question is whether (and how) the concept has been successful in Brazil. In this panel, a prosecutor and active monitors will explain what, in their respective views, are key indicators for a monitorship’s successes and missteps.

• Key differences between monitorships in Brazil vs. the US: Expectations, conditions, criteria and selection of monitors, managing the process
• What a “successful” monitorship looks like from the perspective of each party involved
• Must-knows when reporting to Brazilian vs. US authorities
• Nuances between a “traditional” compliance monitor vs. an “independent consultant”: Main differences companies ought to know
• How to interpret the USDOJ’s memorandum on limiting monitorships to apply them to the most important cases: What can be expected
• Reasons for some international monitorships, e.g. anti-corruption breaches (Braskem) vs. data issues (VW, Takata)
• Monitorships in Brazil and the US: What comes next?

Networking Lunch

DATA PRIVACY IN FLUX

The Expected and Unexpected of the Lei Geral de Proteção de Dados do Brasil (LGPD) and GDPR: How Industry is Revisiting Internal Investigations and Third Party Due Diligence and Management

Dr. Thomas Schürrle
Partner
Debevoise & Plimpton LLP (Germany)

Renato Opice Blum
Partner
Opice Blum, Bruno, Abrusio e Vainzof Advogados Associados

Ricardo D’Ottaviano
Legal Director Brazil, South Cone and Andean Countries, Privacy & Cybersecurity LATAM Lead
Dell EMC

Renata F. Andrade
Compliance Officer
Willis Towers Watson
CAC OAB/SP Pinheiros

• How does the LGPD affect reporting and hotline management? What are new requirements that companies need to fulfil (e.g. hire a privacy counsel)?
• Overcoming the biggest data privacy hurdles when conducting an internal investigation
• How to design a thorough third party due diligence process in light of the most important data privacy regulations (LGPD, GDPR, etc.)
• What protections does the company need to put in place in order to collect, process and use data?
• Are political proposals for data interception and decryption of messages sent through services such as WhatsApp likely to become reality? What does it mean for compliance?
• How to handle data from customers and clients versus that of employees
• How the LGPD could impact communication between companies conducting an internal investigation and enforcement agencies whom they report to
• What companies should expect for enforcement of the LGPD: Prospects for the creation of a Brazilian privacy watchdog

CASE STUDIES: USING TECHNOLOGY AND INNOVATION IN PRACTICE

What It Takes to Leverage Machine Learning, Data Analytics and AI for Your Compliance Program

Taissa Macaferri Licatti
Compliance Manager
Ambev

Jairo Tcherniakovsky
Head of Compliance
99 Tecnologia Ltda.

• Best practices for applying technology in a novel approach toward mitigating compliance risks
• Determining which data mining and collection will fit your company’s needs
• How much to spend on the right solution – and how much is too much? Conducting a cost-benefit analysis of available solutions
• Using technology to monitor employee awareness and compliance
• How technology can aid attorneys in the process of conducting an investigation
• Lessons on the prominence of data in the Lava Jato investigations and how technology is aiding the uncovering of corrupt conduct

Coffee & Networking Break

SPECIAL CEO INTERVIEW

The Bigger Picture: A CEO’s Perspective on Anti-Corruption Compliance and How it Fits Into a Multinational’s Broader Business Objectives

Pedro Parente
Global Chief Executive Officer
BRF SA

This special session will offer a look into the mind of a leading CEO and how anti-corruption compliance is viewed at the C-suite level.

COMPLIANCE BENCHMARKING ROUNDTABLES

1. How to Demonstrate That Your Compliance Program is Efficient and Effective

Fabiana Leschziner
Executive Vice President General Counsel and Chief Compliance Officer
Embraer

Marisa Peres
Head of Ethics & Compliance South LatAm
Avon

2. Collective Actions and Initiatives on Anti-Corruption: How Companies and Civil Society are Teaming Up

Reynaldo Goto
Chief Compliance Officer
BRF SA

3. Asset Recovery: Tracing and Recouping Embezzled Assets Following an Internal Investigation and Proposed Changes to Brazil’s Civil Code

Martin De Luca
Principal
Kobre & Kim

4. Spotlight on Anti-Trust: The Biggest Lessons on Negotiating with Competition Authorities

Bruno Ferraz de Camargo
Ethics and Compliance Director LATAM
Head of Global Anti-Corruption
Getinge

5. Foreign Investment in Brazil: Interactive Discussion on The Evolving Landscape and New Risks for Local Industry

Lisa A. Alfaro
Partner
Gibson, Dunn & Crutcher LLP

Join a roundtable at day’s end to exchange views, debate questions and share experiences on current industry challenges. Each roundtable has a focus topic, a host facilitator, and is scheduled to last one hour.

1. How to Demonstrate That Your Compliance Program is Efficient and Effective


Fabiana Leschziner
Executive Vice President General Counsel and Chief Compliance Officer
Embraer



Marisa Peres
Head of Ethics & Compliance South LatAm
Avon

Benefit from smaller-group benchmarking on how to elevate a compliance program to version 3.0 via, with focus on best practices for multinationals under both Brazilian and international anti corruption regulations and legislation. The focus will be on how to enhance your compliance process’s efficiency (speed, minimum interruption to business agenda, having the right KPIs) and effectiveness (minimization of risk, detection and pro-active prevention of pitfalls, risk-ranking).

2. Collective Actions and Initiatives on Anti-Corruption: How Companies and Civil Society are Teaming Up


Reynaldo Goto
Chief Compliance Officer
BRF SA

Participants will share practical examples of how large companies with a commitment to compliance are partnering with multiple stakeholders across the private and public spheres – in furtherance of enhancing the ties between business and civil society. The session will discuss initiatives involving the United Nations Global Compact and Transparency International, among others.

3. Asset Recovery: Tracing and Recouping Embezzled Assets Following an Internal Investigation and Proposed Changes to Brazil’s Civil Code


Martin De Luca
Principal
Kobre & Kim

A new enforcement focus on the tracing, seizure and repatriation of assets for both sovereigns and defrauded companies has come to the forefront. Roundtable participants will discuss what companies can do to go after stolen assets and proposed changes to Brazil’s renewed push for asset forfeiture.

4. Spotlight on Anti-Trust: The Biggest Lessons on Negotiating with Competition Authorities


Bruno Ferraz de Camargo
Ethics and Compliance Director LATAM
Head of Global Anti-Corruption
Getinge

Anti-trust infringements are a major source of risk for companies and individuals. That is why, during this session, participants will be able to share their experiences with dawn raids, cease & desist agreements, internal investigations, leniency filings and infringement prevention, while discussing effective measures to address the subject within their ethics & compliance programs.

5. Foreign Investment in Brazil: Interactive Discussion on The Evolving Landscape and New Risks for Local Industry


Lisa A. Alfaro
Partner
Gibson, Dunn & Crutcher LLP

Amid a new political landscape and the country’s anti-corruption drive over previous years, do local businesses and multinationals feel reassured and confident in Brazil’s fight against corruption? Have they regained confidence in its institutions? Can business be done that is not considered “high-risk”? Do your potential Brazilian business partners invest enough in their compliance program, and how can you know? When do you walk away from a deal? Get your questions answered here!

End of Day 1

Continental Breakfast

Conference Co-Chairs’ Remarks

INVESTIGATION SPECIAL COMMITTEES

Special Committees in Real Life: Key Updates on Their Scope of Authority, Functions, and How They Work

Dr. Andreas Pohlmann
Partner (Member of Investigation Special Committee, Petrobras)
Pohlmann & Company (Germany)

Julio Sergio Cardozo
Coordenador de Comitê de Auditoria Estatutário
Cia. Paulista de Trens Metropolitano
Member of Audit Committee
Santander Financial Conglomerate

Carlos Ayres
Partner
Maeda, Ayres e Sarubbi Advogados

Fernanda Barroso
Managing Director and Brazil Office Head
Kroll

• Investigation special committees in Brazil: The most important lessons from leading cases
• When and under what circumstances should a special investigation committee be instituted?
• How to define the special committee’s level of authority
• How to select its members and define their duties
• To whom does a special committee report and what is the nature of interaction between the special committee and the company it oversees?
• How to manage the delicate relationship between in-house counsel, outside counsel and the special committee with regard to sensitive matters such as the preservation of attorney-client privilege

ANTI-CORRUPTION & AML

Will the “Next Lava Jato” be in the AML Space? Priorities of a New Administration and Practical Guidance for Industry Stakeholders

Isabela Rebello
Global Head of Anti-Money Laundering and Anti-Corruption Compliance
BTG Pactual

André Ferraz
CEO and Founder
In Loco

Antonio Carlos Vasconcellos Nóbrega
Counselor, The Council for Financial Activities (COAF)
Compliance Professor, IBMEC Rio and Brasília
Former Head of the Federal Secretary of Internal Affairs (CGU)

• Key takeaways from recent cases involving money laundering and corruption, including insights from Lava Jato prosecutions and convictions
• What are the AML priorities of enforcement agencies?
• The newest AML risks for companies and individuals, and how to mitigate them
• Defining what constitutes a “valuable asset” (> 2,000 reais)
• How the financial industry is addressing the biggest transactional risks

Coffee & Networking Break

UPDATES FROM BRAZIL’S ENFORCEMENT AGENCIES

Enforcement Priorities and Coordination: Leniency Agreements, Who to Contact for What, and the Risk of Multiple Agency, Overlapping Investigations

Ministro Wagner de Campos Rosário
Ministro da Transparência e Controladoria-Geral da União (CGU)

Ministro Benjamin Zymler
Tribunal de Contas da União (TCU)

Ministro André Luiz de Almeida Mendonça
Advogado Geral
Advocacia-Geral da União (AGU)

Luís Inácio Lucena Adams
Partner
Tauil & Chequer Advogados

• How Brazil’s enforcement agencies interpret their respective mandates when it comes to anti-corruption: Which agency is responsible for what under the Clean Company Act?
• Clarifying enforcement responsibilities and the respective agencies’ duty to negotiate leniency agreements
• The extent of coordination across the agencies, the impact on settlements and penalties, and the risk of “double-jeopardy” (multiple fines for the same anti-corruption violation)
• How Brazilian authorities approach investigations and settlements when a given company has already reached a settlement with a different Brazilian agency
• How Brazil’s agencies plan to encourage companies to self-report and disclose corrupt conduct (in exchange for leniency)
• Lei das Empresas Estatais:
  • Anti-corruption program requirements for state-owned entities (and for companies bidding for public contracts)
  • Impact on the compliance efforts of private companies doing business with state-owned entities

Networking Lunch

U.S. – BRAZIL COORDINATION ON THE GROUND

New Collaboration Between the United States and Brazil: How the Agencies Work Together on Prosecutions of Companies and Individuals

Paulo Roberto Galvão de Carvalho
Procurador da República
Ministério Público Federal (MPF)

Daniel Fridman
Partner
White & Case LLP (USA)

Salim Saud Neto
Partner
Saud Advogados, in cooperation with Hughes, Hubbard & Reed LLP

Guy Singer
Partner
Orrick, Herrington & Sutcliffe LLP (USA)

During this moderated panel, prosecutors from the US and Brazil will engage in an exchange on their respective anti-corruption enforcement priorities and cross-border cooperation. Delegates will walk away with first-hand insight into enforcement priorities and cross-border information sharing.

Networking Break

SPECIAL INTERVIEW WITH ARGENTINA’S ANTI-CORRUPTION OFFICE

Argentina’s Law on Corporate Criminal Responsibility and What It Means for Brazilian Companies and Individuals

Laura Alonso
Secretary for Public Ethics, Transparency and Anti- Corruption
Argentine Anti-Corruption Office

Roberto P. Bauzá
Partner
Rattagan Macchiavello Arocena & Peña Robirosa Abogados (Argentina)

• The nuts and bolts of the law on criminal responsibility: No retroactive application
• Comparing and contrasting Argentina’s approach to prosecutions with Brazilian agencies
• Extent of cooperation between Argentinian and Brazilian authorities: The potential for new cases and expansion of existing investigations and scandals
• Public works contracts in Argentina awarded to Brazilian companies are under re-review for potential bribery: What this means for Brazilian multinationals
• Plea bargains in Argentina: How effective are they?
• Argentina’s asset recovery bill, and how it aides prosecutors investigating bribery
• Anti-Trust: The most common price-fixing/bid-rigging schemes and how to mitigate the biggest risks
• Class Actions against companies and individuals: When Argentinian companies’ shares on US stock markets are subject to FCPA
• Civil Actions: Must-knows for companies
• Jurisdiction of Argentina’s provincial vs. federal authorities: Who does what

BRAZIL SUMMIT ADVISORY BOARD Q&A

Open Q&A with Brazil Summit Advisory Board Members

Fabiana Leschziner
Executive Vice President General Counsel and Chief Compliance Officer
Embraer

Charles E. Duross
Partner
Morrison & Foerster LLP (USA)

Sergio Pinto
Senior Director, Regional Sector Lead – Health Care Compliance & Privacy – Medical Devices, LatAm
Johnson & Johnson

Luís Inácio Lucena Adams
Partner
Tauil & Chequer Advogados

Carlos Ayres
Partner
Maeda, Ayres e Sarubbi Advogados

Shin Jae Kim
Partner
TozziniFreire Advogados

Roberta Pegas
Chief Compliance Officer
Telefônica Brasil

This special session is your opportunity to have your most pressing questions answered by a select group of in-house and private anticorruption experts with specific knowledge of the Brazilian enforcement and compliance landscape.

Conference Concludes