Registration Begins and Continental Breakfast

Conference Co-Chairs’ Opening Remarks

Keynote Address from the US. Department of Justice

FCPA Enforcement Priorities Six Months into the Trump Administration: Focus on Interagency Cooperation, the Pilot Program on Voluntary Self-Disclosure, and the Revival of Monitorships

• Will the late 2016 and early 2017 trend of increased FCPA enforcement actions and record-breaking settlements continue under the Trump administration?
• Coordination of both inter-agency and international investigations: What are the consequences to companies and individuals investigated
• How the extension of the self-reporting scheme under the DOJ’s Pilot Program is affecting industry
• How to assess the impact on anti-corruption efforts of the US’s retreat from the Extractive Industries Transparency Initiative
• Implications of the DOJ’s expedited FCPA monitor selection process

Refreshment Break

How Companies are Rethinking Compliance Risks in Latin America By Example of Brazil: Special Focus on JV and M&A

• Being acquired vs. acquiring: How the role of the CCO differs
• Pre- and post-acquisition risks and pitfalls: How to devise a coherent transaction road map to hit the ground running
• JV majority vs. minority positions: The unique risks presented by each scenario
• Integrating compliance programs of companies with different risk profiles
• How to anticipate and preemptively address successor liability
• Solving common due diligence risks and pitfalls in JV and M&A transactions
• What proactive role outside counsel, investment and/or private equity consultants (can) play in the pre-acquisition phase
• Beyond the acquisition aspect: How to assess the increase in public-private partnerships and consortia in the region

The Ins and Outs of Conducting Internal Investigations Throughout Eastern Europe and Russia: How to Keep Up with Strict Reporting Requirements Across Jurisdictions and Develop Locally Tailored Plans

• Identifying a best-practice plan on the sequence of appropriate actions that your company should follow, such as documents collection, facts gathering, and interviewing
• How to decide which departments to involve in the process (e.g., audit, HR, sales, marketing)
• How to deal with document holds and potentially relevant information: Instant messaging services, cell phone records, and texts
• Corporate documents in possession of third parties: How to assess the importance of bank records in corruption investigations
• How to manage the review of overseas information: Data privacy and blocking statutes
• How to reduce the risk of spiraling costs and knowing when to conclude an investigation: What regulators will expect you to have on file
• Preservation of corporate attorney-client privilege: Who should conduct preliminary interviews, when to bring in outside counsel, and how to communicate with corporate boards

Spotlight on France – Sapin II: A Game Changer in the Pursuit of Corrupt Behavior?

• The regulatory landscape post Sapin II: How the new law impacts multinationals’ anti-corruption compliance policies
• Introducing French DPAs: Will the tables turn in favor of the government?
• Understanding the extent of cooperation expected from companies by the Financial Prosecution office in cases of corruption allegations
• Automatic debarment from public tenders: Where we currently stand
• How to assess the extraterritorial reach of French bribery laws

Networking Lunch

How to Localize a Global Compliance Program: Overcoming Geography, Culture and Industry-Specific Challenges

• How to rank anti-corruption compliance risks either by country or regions
• Identifying key partners inside and outside your organization to gather the intelligence needed to understand geographic-specific risks
• Training: How no one-size-fits-all formula: How to ensure your local trainings are tailored to the realities on the ground
• How to foster accountability and clear reporting structures, and ensure the appropriate allocation of resources and communication of who is in charge: Overcoming the challenge of balancing remote (HQ) vs. onsite (local) compliance enforcement resources

Strategies for Effective Auditing and Due Diligence of Third Parties in China: Special Focus on Beneficial Ownership

• What to do when the ownership structure is convoluted and/or you can’t determine if there is a risk of a government touch-point
• How to decide when to conduct site visits to verify ownership
• How to deal with an uncooperative third party that refuses to answer your questions or provide requested documentation
• How to handle accounting records that indicate risky payments, including potentially fictitious in-voices and vendors
• How to tackle the risk of third parties that handle your marketing and sponsorship activities: How to train vendors on the importance of compliance
• How to end a third party relationship: What to watch out for in the regulatory and cultural context

Refreshment Break

How to Successfully Enter a High-Risk Market: Case Studies on Iran

• Business in Iran is possible, but there are risks: How to weigh the prospects of your company’s entering the market against the biggest pitfalls
• Iran’s and Myanmar’s current anti-corruption legal landscape and practice: How to identify and map the relevant geography-specific risks
• Understanding changes in Iranian sanctions as a result of JCPOA implementation: How sanctions affect corporate exposure to corruption risks
• The challenges of maintaining adequate internal controls and managing third party risks in Iran and Myanmar
• How to obtain reliable local data

Japan and South Korea: Assessing the Current Regulatory Landscapes and Outlook on Risks and Investigations for Multinationals

• Japan’s new anti-conspiracy law: Could it be applied to cases of corrupt corporate behavior?
• How new corruption risks may arise with the passage of Japan’s Integrated Resorts Act
• Is Korea’s new Kim Young-ran Act a game changer in the fight against corruption?
• How Japan and South Korea’s contrasting views on extraterritorial jurisdiction impact their pursuit of corrupt conduct by multinationals
• Bribe-givers vs. bribe-receivers: Who the Japanese and Korean governments are targeting, and why
• What types of industries and business practices are current and expected targets for Japanese and Korean authorities, and how to avoid common pitfalls

Presentation of Deliberations and Findings of ACI’s Executive Roundtable on Anti-Corruption Compliance Programs (July 24)

This boardroom-style Roundtable offered its participants the opportunity to benchmark the ins and outs of what constitutes an effective anticorruption compliance program today. Uniquely, Andrew Weissmann was present for an hour-long, in-person Q&A at the end of the day during which participants shared conclusions of their findings and deliberations. Benefit from hearing a Roundtable co-chair share insights from this special executive roundtable on compliance programs.

Conference Adjourns to Day 2

Continental Breakfast

Conference Co-chairs’ Remarks

Mexico’s New National Anti-Corruption System and How Multinationals with Local Operations Can Accelerate Their Preparation and Hit the Ground Running

• Which aspects of the Anti-Corruption System companies need to pay special attention to in order to assess their risk exposure as well as the extent to which they are likely to be impacted by the new System
• How companies can devise an appropriate action plan based on their risk exposure
• What action companies should take with regard to third party relationships and how to determine whether to conduct audits with business partners
• How can an outside counsel support private enterprises in preparing for the new legislation
• How to tap into the most useful (official) resources at companies’ disposal and how to put them to best use

Global Corruption Risk Assessments: How to Effectively Map Your Company’s Greatest Risks

• Understanding the importance of conducting periodic, documented risk assessments
• How to design an effective global anti-corruption assessment: identifying risk factors, assigning weighting and effectively risk-ranking jurisdictions
• Practical examples on evaluating operations across various locations and jurisdictions
• Best practices for successful execution such as timing, data standardization and presentation of results
• How to effectively and efficiently deploying outside resources to improve the outcome of your risk assessment
• How to operationalize the results: crafting effective remedial measures and next steps

Refreshment Break

How to Foster Compliant and Successful Relationships and Navigate Other Risks

• Practical lessons from working in the Middle East and the way business is conducted
• The carrot or the stick or both: What practical strategies should you apply to ensure true “buy-in” from all corporate “outward facing” divisions regarding compliance (e.g., marketing, sales and business development)
• Getting to “yes, but:” What are best practices to communicate across these departments about compliance initiatives and a shared interest in the company’s success? Correctly interpreting the business environment: Defining what is reasonable and what is customary in friendship-, handshake or entertainment oriented cultures, and how to identify the ultimate decision-makers
• How to tackle the uniqueness of third party risks in the Middle East as they become a top priority for enforcers
• How to avoid pitfalls around gifts, travel and entertainment in Middle Eastern cultures
• What are appropriate compliance training and education strategies for your company as well as your business partners

Compliance and Corporate Social Responsibility (CSR) in Africa: Navigating Expectations, Concessions, and Memoranda of Understanding (MOUs)

• Understanding African governments’ differing approaches to combating corruption: Who do local governments prosecute (if at all)? Individuals, companies, or both?
• Navigating the risks of corporate social responsibility “requirements” from governments to local communities: Concessions, memoranda of understanding (MOU) and national expectations
• How multinationals can manage local governments’ and communities’ “expectations” in exchange for being granted a license or concession for their business operations
• How to appropriately respond to the multifarious nature of “requests”: employment of relatives, infrastructure building, youth activities and/or occupation initiatives and financing, etc.
• How to ensure that payments negotiated as part of an MOU comply with the FCPA, and that such funds be channeled to the agreed upon entities rather than rerouted to government-related outfits
• How to best manage relationships with state-owned and state-sponsored entities and public-private partnerships
• How multilateral banks and other development organizations are combating corruption: How does this apply to business endeavors co-financed by these entities?

Networking Lunch

Development Financing for Private Sector Projects: A World Bank Group Perspective on Business Integrity in High Risk Markets

How Companies Can “Turn the Page” and “Move On” After a Scandal: A Focus on Corporate Culture and Restoration of Confidence

• How to speak openly about your case: Transparency and lessons learned as key elements to rebuild the trust and motivation of employees
• How to strengthen your ethics and compliance culture based on “zero tolerance”
• Reinforcing the credibility of the whistleblower channel as the best tool for detection and prevention of violations
• Best practices to foster employee discipline rewards
• Employment decisions: Which employees to terminate, which to rehabilitate and how
• Tone at the top – How leadership can ensure and spread a strong ethical culture: Leading by example
• Ongoing training and education: The need for repeated discussion around ethics and compliance so that they remain top of mind for employees in their day-to-day
• Business partner best practices: When to make disclosures to customers and what to disclose
• Living with a compliance monitor: Selection, review and work plan

Refreshment Break

Drawing Lessons from Recent Anti-Corruption Developments in Indonesia and Malaysia

Internal Controls for Your Business in India: Deep Dive into Regulatory and Enforcement Pitfalls and Controlling Risks

• Analyzing the background and reasoning of the Indian government’s demonetization initiative
• Deciphering the details of “Operation Clean Money” and other related Government enforcement actions
• How to implement and maintain appropriate internal accounting controls in India’s cash based system
• What are the main red flags for transactions used to channel bribes and the various schemes employed to evade internal controls?
• Why accounting and finance divisions need to be involved in your corporate compliance process and the implementation of effective financial controls

Conference Concludes