Anti-Corruption Compliance for High Risk Markets

Registration and Continental Breakfast

Conference Co-Chairs’ Opening Remarks

Nancy Higgins
Vice President & Chief Ethics and Compliance Officer
Bechtel

Michelle Curtis Vonderhaar
Deputy General Counsel and Chief Compliance Officer
HP Inc.

GEOPOLITICS UNCERTAINTY & YOUR RISK CALCULUS

Politically Destabilized Markets and Regime Changes: Multinational Decision-Makers Offer Perspectives on Making the Newest, Toughest Legal and Compliance Calls

Kathryn G. Simpson
Vice President, Deputy General Counsel
Northrop Grumman

Stephanie Accuosti
Associate General Counsel – Compliance
Weatherford

Bapsy Dastur
General Counsel & Legal Officer
Stolt Nielsen

Moderator:

William D. Semins
Partner
K&L Gates LLP

• What it now takes to mitigate compliance risks in an increasingly destabilized international political environment Russia, Eastern Europe
• Is political destabilization unearthing corruption that would otherwise remain hidden?
• Practical considerations affecting your risk assessment and next steps:
  • Determining who is in charge: How to ascertain the real-life political realities affecting your business and local employees
  • Evaluating future, uncertain risks posed by regime changes: Will the next administration honor public contracts from its predecessor?
  • How to know if you need to seek “political approval” for a permit or license?

Keynote Interview With MDBs

Must-Knows for Multinationals on Funding: The Latest on Financing Decisions and Debarment Risks

Pascale Hélène Dubois
Vice President, Integrity Vice Presidency
The World Bank

Laura Profeta (Invited)
Chief, Office of Institutional Integrity
Inter-American Development Bank

Moderator:

Bill Gordon
Partner
King & Spalding LLP

Coffee & Networking Break

COGNITIVE COMPUTING AND THE FUTURE OF COMPLIANCE IN EMERGING MARKTES

Concrete Examples of a “SMART” Anti-Corruption Compliance Program

Michael Sevi
Deputy Chief Compliance Officer
Marsh & McLennan Co.

Christophe Célérier
Associate General Counsel, Trust & Compliance Officer and Corporate Advisor
IBM

Todd Swint
Director, Forensic Technology
PwC (Dallas, TX)

• Demo & Case Study 1
  • How cognitive computing can be used to improve compliance
  • Mitigating corruption risks the SMART way
  • Identifying red flags through the FCPA angle: Business expense claims, use of marketing funds by third parties, discounts granted to business partners
  • How to incorporate the blockchain
• Case Study 2
  • Practical illustration of an in-house developed tool for global risk assessment
  • Beyond data analytics: Artificial intelligence and machine learning

CHINA

Risk Detection, Assessment and Investigations on the Ground: How the Practice of Compliance is Evolving in Response to Cutting-Edge Technologies for Leveraging Email, Mobile, Social Media and Digital Data Points

Tim Zirkel
Global Head of Anti-Bribery and Corruption Compliance
MUFG Bank, Ltd.

Jason Chang
Of Counsel
DLA Piper LLP

Mark Dizon
Assistant General Counsel, Chief Compliance Officer
BeiGene, Ltd.

• When smartphones become the new marketplace to conduct business and transact: What are the unexpected corruption risks
• Beyond email: Making use of an increased number of data points for an investigation (e.g., cell phone data, chat services, digital transfer of money via apps)
• Key legal and regulatory challenges when conducting cross-border investigations in light of increasingly diverse data types
• Optimizing your relationship with your finance and IT departments in order to flag anomalies

ARGENTINA ON THE GROUND

Of “Notebooks” and Corporate Criminal Liability Risks: The Newest, Most Unexpected Challenges Confronting Multinationals

Cristián Francos
Partner, Head of Buenos Aires office
Lewis Baach Kaufmann Middlemiss PLLC (Washington, DC)

Adam Lurie
Partner
Linklaters LLP

• The expected and surprising impact of the new law on corporate criminal responsibility
• Argentina’s approach to prosecutions vs. Brazilian agencies
• Extent of cooperation between Argentinian, Brazilian and U.S. authorities: The potential for new cases and expansion of existing investigations and scandals
• Re-Review of public works contracts awarded to foreign companies for potential bribery: New risks to your business and bottom line
• Argentina’s asset recovery bill, and how it aids prosecutors with investigating bribery

Networking Lunch

HYPOTHETICAL SCENARIOS — What Would You Do If…

The Unwritten Rules for Internal Investigations in High-Risk Jurisdictions: The Top 10 Most Crucial Decisions

Cristina Burbach
Vice President, E-Discovery and Investigative Analysis
Nielsen

Patrick S. Sinclair
Partner
Davis Polk & Wardwell LLP (Hong Kong)

Eric Schweiker
Vice President & Associate General Counsel, Investigations
Hewlett Packard Enterprise

Stéphane Bonifassi
Partner
Bonifassi Avocats (Paris, France)

James Gargas
Director, Advisory Services
PwC (Washington, DC)

• Special considerations for the review of overseas information and overcoming specific legal hurdles (data privacy, blocking statutes, criminal laws)
• What if you need to obtain corporate documents and bank records in possession of third parties?
• Managing an investigation involving document holds and potentially relevant information, such as instant messaging services, cell phone records, and texts
• Ensuring that attorney-client privilege is preserved: Who should conduct preliminary interviews and when should you bring in outside counsel?
• Addressing cultural and language barriers, such as communication in multiple languages, local norms and customs?

Coffee & Networking Break

Special Interview Series – India

First-Hand Accounts of Entering and Operating in India Amid Emerging Corruption Risks

Jeffrey Proulx
Director Counsel
Target

Brian Lichter
Senior Director, Global Investigations
Cognizant

David Mindell
Senior Director – Compliance
Yum! Brands

Srijoy Das
Partner
Archer & Angel (India)

This new panel format will feature first-hand accounts of in-house representatives from Target, YUM! Brands and Cognizant discussing the challenges they faced and opportunities they seized while setting up business operations in India. Learn about what it means to be responsible for entering and building business operations in India.

• On-the-ground-perspectives from those who know: high risk areas, and corporate governance risks
• Corporate and bank fraud in public and private banks: How your company is impacted by recent enforcement actions of the Central Bureau of Investigations (CBI) against individuals
• Corporate Governance: New risks with beneficial ownership and shell corporations
• Amidst national elections, how can companies deal with demands for campaign contributions, gifts and benefits?
• Internal control measures and dealing with Indian vendors (background checks and appointment of Indian vendors)
• Impact of technology and reforms introduced by government to mitigate bribery
• Private commercial bribery and mitigating risks for directors and key officers

Nigeria, DRC, Kenya, Gabon & Angola

Anti-Corruption, Cash-Based Economies and Local Modality of Payment Risks: Unique Considerations for Internal Controls, Resource Allocation and Securing Government Approvals

Bérengère Parmly
Ethics & Compliance Officer – Infrastructure Global Business Unit
Bechtel (United Kingdom)

Thomas Leistner
Senior Director, Chief Compliance Counsel
Panasonic Avionics Corporation

Ana Pinelas Pinto
Partner
Miranda & Associados (Portugal)

• How to implement and maintain appropriate internal accounting controls in cash-based countries
• Why cash-based economies require closer collaboration between in-house compliance, audit, finance and accounts payable teams
• How to stratify your company’s (and business partners’) resources and optimize your compliance strategy on the ground: Centralize or localize?
• Operating amid governments’ manipulation of local economies, such as bid-rigging and price fixing
• Mitigating the biggest risks when interacting with local government officials (customs agents, tax authorities, etc.)

CHAMPAGNE ROUNDTABLES – SMALLER-GROUP COMPLIANCE BENCHMARKING

Sean Thornton
Managing Director
BNP Paribas

Tim Zirkel
Global Head of Anti-Bribery and Corruption Compliance
MUFG Bank, Ltd.

Stéphane Bonifassi
Partner
Bonifassi Avocats (Paris, France)

Cara Griffin
Former Assistant General Counsel, Commercial Compliance and Investigations
Guardian Industries Corp.

Join a roundtable to network and share experiences on how to resolve new, emerging industry challenges. Each roundtable has a focus topic, with a host facilitator. Select from one of the following:

1. Operating in and Exiting Markets in Turmoil: Special Legal, Political and Security Risks Affecting Your Decision-Making and Teams on the Ground – Knowing When It Is “Time to Leave”

2. What it Now Takes to Succeed as an Anti-Corruption Compliance Officer in a High-Risk Market: How to Obtain C-Suite Buy-In to Fortify Your “First Line of Defense”

3. Is France’s Sapin 2 a Game Changer? How to Handle Allegations of Corruption When France, the US and Other Jurisdictions are Coordinating and Sharing Information

4. Increasing the Odds of Success Via “Local Employee Ambassadors” and Organically-Grown Compliance Teams

Conference Adjourns

Continental Breakfast

Conference Co-Chairs’ Remarks

INTERNATIONAL GENERAL COUNSEL ROUNDTABLE

Where Anti-Corruption Sits Among the Legal Priorities of Multinationals: General Counsel Perspectives on What is Changing Their Assessment

William Marsh
Chief Legal Officer
Baker Hughes, a GE company

Carlos Landazabal Angeli
Former General Counsel Chile, Andean, Central America & Caribbean
GE (Peru)

Tania Decanini
Partner
Cohen Decanini Abogados (Mexico)
Former General Counsel and Compliance Officer, Tresalia Capital

Brady K. Long
Executive Vice President & General Counsel
Transocean

Moderator:

Ben Bruton
Partner
Winston & Strawn LLP (United Arab Emirates)

• The role of the GC amid an international enforcement environment, and personal liability risks
• Addressing risks posed by “regulatory divergence:”
  • Managing and mastering inconsistencies in laws and regulations across jurisdictions
  • The latest best practices for implementing a risk-based program tailored to a specific country or region
  • Key indicators to incorporate into risk assessments
• Best practices for mitigating cybersecurity and data privacy risks amid recent and upcoming laws and regulations: GDPR (EU), LGPD (Brazil), California Consumer Privacy Act (CCPA)
• Corporate governance and knowing what matters to the board: How to resonate amid new corporate governance priorities and pressures

Special Interview on Enforcement in Corruption Hotbeds

How U.S. Enforcement Agencies Detect a Corruption Issue in High-Risk Jurisdictions and Investigate Amid Uncooperative Local Governments

David A. Last
Assistant Chief, FCPA Unit Fraud Section, Criminal Division
U.S. Department of Justice

Robert I. Dodge
Assistant Director, FCPA Unit
U.S. Securities and Exchange Commission

Leslie Backschies
Unit Chief, International Corruption Unit, Criminal Division
Federal Bureau of Investigation (Washington, DC)

Moderator:

Julissa Reynoso
Partner
Winston Strawn LLP

• How do enforcement priorities and investigations differ across high risk jurisdictions
• Which jurisdictions are considered priorities
• Where are the hotbeds of corruption and how do US enforcers get wind of corruption risks in high-risk jurisdictions
• How to deal with uncooperative local governments?

Coffee & Networking Break

“STATE CAPTURE” AND “GUILT BY ASSOCIATION” IN SOUTH AFRICA

Bad Press Coverage and New Reputational Risks: Emerging Obstacles to Achieving Business and Compliance Objectives

Matthew J. Alexander
Partner
Mayer Brown LLP

Benjamin Haley
Partner
Covington & Burling LLP (South Africa)

• “State capture” and reputational risk: Guilt by perception and/or association, and what companies can do to protect themselves
• Proactive steps compliance officers can take to mitigate the impact of bad press
• How investigations into present and past governments impact multinationals’ business and compliance risks, and comparisons and contrasts with Brazil
• Will South Africa’s authorities focus their enforcement primarily on local companies or take an extra-territorial approach
• Complications with SOEs: Corruption risk, influence-peddling, accountability
• Expectations for South Africa’s new directorate in the Office of the National Director of Public Prosecutions (NDPP)

Risk Assessment, Detection and Investigations: Developments in Anti-Bribery and Anti-Corruption Compliance

Patricia Rivas Mandujano
Regional Compliance Officer LatAm
Bausch Health Companies Inc. (Mexico)

Tania Decanini
Partner
Cohen Decanini Abogados (Mexico)
Former General Counsel and Compliance Officer, Tresalia Capital

Carlos Chávez A.
Partner
Galicia Abogados, S.C.

Andres Gomez Chico
Forensics Director
PwC (Mexico)

• Establishing an effective compliance framework for identifying high-risk business conduct with an emphasis on China and Asia-Pacific markets.
• How to increase collaboration by establishing cross-functional working groups with human resources, legal, finance, IT, etc.
• Practical considerations for compliance professionals in the banking and life sciences sectors.
• Beyond email: considering an increasing number of data points for compliance and investigations and in particular smartphone data.

CASE STUDY: MDB CROSS-DEBARMENT

Resurrection After “Conditional Non-Debarment:” How a Multinational Mastered a Turnaround

Ceri Lawley
Chief Compliance Officer
International Finance Corporation (IFC), World Bank Group (USA)

M. Beth Colling
Vice President & Chief Compliance Officer
CDM Smith

Resurrection in 10 Steps:

1. Accepting what happened
2. Immediate actions
3. Managing stakeholders
4. Internal investigation
5. Gap assessment
6. Action plan and prioritizing
7. Resourcing
8. Getting buy in at all levels
9. Changing culture
10. Maintaining momentum

The Impact of Anti-Corruption Global Provisions in Venezuela: Is it Possible to Do Business in Venezuela Without Breaching International Ethics and Compliance Standards?

Pedro A Jedlicka
Senior Partner – Head of Business Ethics,
Compliance & Dispute Resolution
LEĜA (Venezuela)

• The impact of the FCPA, UK Bribery Act, Sapin II with doing business in Venezuela
• Areas of potential risks
• Due diligence, training and other preventive measures to avoid potential breaches of global anti-corruption provisions
• What to expect in the near future

Networking Lunch

Track & Trace – International Trade & FCPA

The Risks of Importing “Tainted” Merchandise: Weathering the Growing Nexus Between Trade Violations and Anti-Corruption Risks for Companies and Individuals

Patricia Byrne
Vice President & Associate G.C. International Compliance
BAE Systems Inc.

Christos Linardakis
Director of Compliance
Samuel Son & Co., Ltd

Andrew Boutros
Partner
Seyfarth Shaw LLP

This special session will examine how goods crossing the border into the United States can create both FCPA and trade/customs fraud criminal liability for multinational companies. Given the Administration’s intense focus on trade issues, this timely panel will expound on the intersection of high-profile trade/customs fraud prosecutions with the FCPA and explain why anti-corruption and compliance experts are well-advised to take note of both.

ANTI-CORRUPTION INDICES AND YOUR BUSINESS OUTLOOK

Contrasting Bribery Indices and Benchmarks — for Your Risk Assessment

Nancy Higgins
Vice President & Chief Ethics and Compliance Officer
Bechtel

Shruti Shah
President & Chief Executive Officer
Coalition for Integrity

Roberto Simon
Senior Director for Policy, Head of Anti-Corruption Working Group
Americas Society/Council of the Americas

• How to compare corruption risks across various indices (CPI score, TI Index, etc.)
• Revisiting changes to the calculation of your company’s risk profile
• Are corruption indeces a proxy for all or distinct types of corruption?
• The difficulties in stamping out corruption: If everyone is impacted by it, why does it persist?
• How multinationals and corporations can collectively spur governments to seriously fight corruption and bribery

Coffee & Networking Break

Interview Series – Southeast Asia

The US-China Trade War’s and Your Business in SE Asia: Industry Decision-Makers Discuss High Stakes Cyber and Anti-Trust Challenges

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

Richard C. Smith
Partner
Quinn Emanuel Urquhart & Sullivan, LLP (Washington, DC)

Multinationals have been increasingly setting up shop in Southeast Asia in the wake of the U.S.-China trade war. As a result, compliance officers are now tasked with mitigating corruption risks in Malaysia, Indonesia, Singapore and Vietnam.

• How the US-China trade war has shifted multinationals’ business priorities in the region
• Local anti-bribery statutes and their impact on your business
• Practical do’s and don’ts when crossing paths with the Malaysian Anti-Corruption Commission (MACC), Singapore’s Corruption Investigation Bureau (CPIB) and Indonesia’s Corruption Eradication Commission (KPK)

SPECIAL INTERVIEW ON BRAZIL: A NOVEL WAY FOR MULTINATIONALS TO TACKLE BRIBERY RISKS?

Inside Independent Board Committees — Is This the New Roadmap for Compliance Success?

Adriana Dantas
Member of Independent Board Committee on Sanctions and Disciplinary Measures
Petrobras

Moderator:

Roberto Simon
Senior Director for Policy, Head of Anti-Corruption Working Group
Americas Society/Council of the Americas

Petrobras has created an “Independent Board Committee on Sanctions and Disciplinary Measures” that will assist it with compliance matters and standardize its sanctions system for entities that do business with the company and its employees. In this interview, the Committee’s top member will expound on the body’s practical impact and whether it might serve as a model for other companies to effectively fight corruption in Latin America and beyond.

Conference Concludes