Pre-Conference Workshops

A Deep Dive into the Core Components of an Effective Anti-Corruption Compliance Program for Brazil Today

Jul 24, 2018 9:00am – 12:30pm

Speakers

Luciano Malara
Partner
Percequillo, Cavalcantii, Malara & Munhoz Advogados (Brazil)

Rodrigo Carril
Legal and Compliance Director | Latin America Softline Brasil
Founding Member Instituto Compliance Brasil

Day 1 - Wednesday, July 25, 2018

7:45
Registration Begins and Continental Breakfast
8:30
Conference Co-Chairs’ Opening Remarks
8:45
KEYNOTE ADDRESS and Q&A
9:15
The Anatomy of a Multi-Jurisdictional Anti-Corruption Enforcement Action: What Multinational Companies and Their Advisors Need to Know about the Evolving Landscape
10:15
Coffee & Networking Break
10:30

Eastern Europe and Russia

How to Effectively Select Local Partners: The Art of Knowing Whom to Work with, Whom to Avoid, and When
11:30

INTERNAL INVESTIGATIONS FOCUS with AUDIENCE POLLING The Nuances of Conducting an Investigation across

The Nuances of Conducting an Investigation across Borders and Cultures: How to Achieve True Employee Buy-In Via a Locally-Tailored Strategy
12:30
Networking Lunch
1:45

BRAZIL SPOTLIGHT

How to Navigate Multiple Enforcement Authorities: Practical Insights on Agencies’ Anti-Corruption Priorities and What This Means for Your Compliance Status
2:30

REAL-LIFE SCENARIOS with AUDIENCE POLLING

How to Minimize Corruption Risks with Consortia and M&A Transactions that Involve an Asset or Seller under Investigation
3:15

PERU Country Vignette

Legislative Updates and Cooperation “Credit” under a New Anti-Graft Bill
3:35
Coffee & Networking Break
3:50
Perspectives on The United States: Practical Insights on Ethical Responsibilities and Corporate Citizenship
4:45

RUSSIA Country Vignette

How to Proactively Recalibrate Your Compliance Policy to Navigate the Interplay of Bribery, US Sanctions and AML
5:00
Conference Adjourns

Day 2 - Thursday, July 26, 2018

8:00
Continental Breakfast
8:30
Conference Co-Chairs’ Remarks
8:35

MULTILATERAL INSTITUTIONS THINK TANK

The Enhanced Role of MDBs in Anti-Corruption Compliance: What This Means for Your Company
9:30

JOINT VENTURES along the NEW SILK ROAD

One Belt, One Road: Minimizing the Biggest Corruption Risks for Multinationals in a JV with a Chinese Company
10:15
Refreshment Break
10:30

THIRD PARTY SCENARIOS with AUDIENCE POLLING: What would you do if..

You Have Been Assigned a Business Partner, Now What: How to Live Through a “Forced Marriage” in the Middle East and Africa
11:30

VIRTUAL CURRENCIES and BLOCKCHAIN TECHNOLOGY

The Latest Schemes to Hide Corruption: How to Restructure Your Risk and AML Strategies in Light of New Tactics and Risks
12:15

SINGAPORE and MALAYSIA Country Vignette

Recent Prosecutions and What They Mean for Your Compliance Risk Calculation
12:35
Networking Lunch
1:45

MEXICO SPOTLIGHT

The Sistema Nacional Anticorrupción: How Companies are Readjusting their Anti-Corruption Strategy Based on New Risks
2:30

INDIA

Addressing and Solving Sophisticated Compliance Issues for Companies Doing Business in India: The Travel Act and Beyond
3:15
Refreshment Break
3:30

ARGENTINA Country Vignette

What the New Law on Corporate Criminal Liability Means for Multinationals with Local Business Interests
3:50

CULTURAL AWARENESS FOCUS with AUDIENCE POLLING

How to Apply the Right Training Methods that Resonate with a Global Workforce
4:45
Conference Concludes

Day 1 - Wednesday, July 25, 2018

7:45
Registration Begins and Continental Breakfast
8:30
Conference Co-Chairs’ Opening Remarks

Marc A. Nichols
Executive Vice President, General Counsel & Corporate Secretary
Saab Defense and Security USA LLC

Jeannine D’Amico Lemker
Assistant General Counsel, Office of Legal Compliance – Programs
Microsoft Corporation (Seattle, WA)

8:45
KEYNOTE ADDRESS and Q&A

Matthew S. Miner
Deputy Assistant Attorney General, Criminal Division
U.S. Department of Justice (Washington, DC)

9:15
The Anatomy of a Multi-Jurisdictional Anti-Corruption Enforcement Action: What Multinational Companies and Their Advisors Need to Know about the Evolving Landscape

Luciano Dequech
Legal Director
Odebrecht Engineering and Construction (Brazil)

Carlos Ayres
Partner
Maeda, Ayres e Sarubbi Advogados (Brazil)

Aaron Lee
Partner
Allen & Gledhill LLP (Singapore)

Warren T. Allen II
Counsel
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates (Washington, DC)

  • Lessons learned from the rise in multi-jurisdictional prosecutions and settlements: Examining the risks and opportunities of international coordination
  • Mitigating the risk of double jeopardy: When a company can receive a “coordinated” fine or settlement rather than fines by multiple enforcement bodies
  • How to respond to multiple and sometimes conflicting demands by different enforcement agencies
  • How to navigate a lack of coordination among national enforcement bodies (for ex., in Brazil where enforcement authorities include the federal prosecutor’s office, court of audits, and Brazil’s SEC)
  • Concrete examples of multi-jurisdictional enforcement and how outcomes can differ significantly

10:15
Coffee & Networking Break
10:30

Eastern Europe and Russia

How to Effectively Select Local Partners: The Art of Knowing Whom to Work with, Whom to Avoid, and When

Ephraim (Fry) Wernick
Assistant Chief, FCPA Unit, Fraud Section, Criminal Division,
U.S. Department of Justice (Washington, DC)

Robert I. Dodge
Assistant Director, FCPA Unit
U.S. Securities and Exchange Commission (Washington, DC)

F. Joseph Warin
Partner
Gibson Dunn & Crutcher LLP (Washington, DC)

  • The biggest risks multinationals face in heavily regulated industries such as telecommunications in high risk markets
  • How multinationals’ experiences with public tenders and bidding processes reveal recurring corruption risks (third party due diligence, success fees payments, use of “government-related” intermediaries)
  • Market entry in high-risk countries: How to know which local entities to work with and which to avoid, and how to decide whether to establish an official, on-the-ground company presence or use local partners
  • The Telia and VimpelCom cases, and valuable lessons learned
  • How to manage the biggest risks for multinationals who create value from access to and analysis of data gathered from their clients and “users”
  • Aligning commercial and national security objectives that arise in high risk markets, including the cross-border transfer of high-tech merchandise or radio frequencies shared by the telecom industry and national militaries
  • The role venture capital and private equity play in investing in high risk markets, and associated risks

11:30

INTERNAL INVESTIGATIONS FOCUS with AUDIENCE POLLING The Nuances of Conducting an Investigation across

The Nuances of Conducting an Investigation across Borders and Cultures: How to Achieve True Employee Buy-In Via a Locally-Tailored Strategy

Nathan H. Seltzer
Partner
Latham & Watkins LLP (Washington, DC)

James Gargas
Director
PwC (Washington, DC)

Mel Beras
Director & Counsel, Global Compliance Investigations
Zimmer Biomet (Washington, DC)

Stephanie Accuosti
Associate General Counsel – Compliance
Weatherford International (Washington, DC)

  • Opening and closing an internal investigation: How to make it work in a global company
  • How to manage the review of overseas information and overcome legal hurdles: Data privacy, blocking statutes, criminal laws
  • Identifying the sequence of actions that your company should follow, such as document collection, and interviewing
  • Which departments to involve in the process
  • 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: Assessing the importance of bank records in corruption investigations
  • Preventing 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 and when to bring in outside counsel
  • How to overcome cultural hurdles such as communication in multiple languages, local norms and customs

12:30
Networking Lunch
1:45

BRAZIL SPOTLIGHT

How to Navigate Multiple Enforcement Authorities: Practical Insights on Agencies’ Anti-Corruption Priorities and What This Means for Your Compliance Status

Olga Pontes
Chief Compliance Officer
Odebrecht (Brazil)

Bruno Ferraz de Camargo
Legal & Compliance Director Latin America
Getinge AB (Brazil)

Igor Sant’Anna Tamasauskas
Partner
Bottini & Tamasauskas Advogados (Brazil)

  • How to decipher the respective anti-corruption roles of the prosecutor’s office (MPF), Court of Accounts (TCU), Office of the Comptroller General (CGU) and Brazil’s SEC (CVM)
  • Lessons from the Keppel Offshore case and how this changes companies’ compliance risk calculations
  • How to determine whether to hire US or Brazilian counsel to spearhead an investigation within your company
  • Incorporating specific state requirements into your compliance program

2:30

REAL-LIFE SCENARIOS with AUDIENCE POLLING

How to Minimize Corruption Risks with Consortia and M&A Transactions that Involve an Asset or Seller under Investigation

Thomas Stimson
Vice President, Chief Ethics & Compliance Officer
The AES Corporation (New York, NY)

Matthew J. Alexander
Partner
Mayer Brown LLP (Washington, DC)

Andrew M. Levine
Partner
Debevoise & Plimpton (New York, NY)

Robert L. Chamberlain
Director
PwC (Arlington, VA)

  • How economic pressures are resulting in ever more multiple-player consortia and/or growth by acquisition across Latin America
  • Spreading corruption risk among consortia partners and determining contractual obligations
  • Assessing risks posed by the purchase or sale of an asset and/or a company “stained” by an anti-corruption compliance breach, under investigation or in a leniency agreement
  • How to dissect the consortia partnership or M&A transaction into its individual components to weigh key risks
  • How a “tainted” company can make itself attractive as a consortia partner or acquisition target even if it is under ongoing compliance monitorship
  • Statute of limitations on successor liability: Deciding whether to put a consortia or M&A deal on hold
  • How to navigate the unique bribery risks when your company is in a public-private partnership

3:15

PERU Country Vignette

Legislative Updates and Cooperation “Credit” under a New Anti-Graft Bill

Sandra Orihuela
Partner
Orihuela Abogados (Lima, Peru)

3:35
Coffee & Networking Break
3:50
Perspectives on The United States: Practical Insights on Ethical Responsibilities and Corporate Citizenship

Marc A. Nichols
Executive Vice President, General Counsel & Corporate Secretary
Saab Defense and Security USA LLC

Shruti Shah
President & CEO
Coalition for Integrity (Washington, DC)

Andy Hinton
Chief Compliance Officer
Google Inc. (San Francisco, CA)

This special session will focus on the ethical responsibilities of multinationals and recent developments in the United States. Speakers will practically discuss compliance beyond anti-corruption, the importance of good governance and corporate reputation. Learn from these leaders how to invest in on-the-ground initiatives to create a compliance-led corporate environment comprised of responsible and ethical corporate citizens.

4:45

RUSSIA Country Vignette

How to Proactively Recalibrate Your Compliance Policy to Navigate the Interplay of Bribery, US Sanctions and AML

Anton Chazov
Regional Compliance Counsel - Russia & Caspian
Halliburton (Russian Federation)

A concise analysis of recent anti-corruption developments and legislation.

5:00
Conference Adjourns

Day 2 - Thursday, July 26, 2018

8:00
Continental Breakfast
8:30
Conference Co-Chairs’ Remarks
8:35

MULTILATERAL INSTITUTIONS THINK TANK

The Enhanced Role of MDBs in Anti-Corruption Compliance: What This Means for Your Company

Bubacarr Sankareh
Acting Director, Office of Integrity and Anti-Corruption
African Development Bank, AfDB (Ivory Coast)

Ceri Lawley
Chief Compliance Officer
International Finance Corporation, World Bank Group (Washington, DC)

Giuliana H. Dunham-Irving
Executive Secretary
The World Bank Group Sanctions Board (Washington, DC)

Individual countries prosecute and enforce anti-corruption compliance, but so do multilateral development banks (MDBs). Most noticeable are the debarment sanctions that MDBs impose on corporations that engage in corrupt corporate conduct. What this means for CCOs’ risk calculations and how to minimize the risk of debarment and other consequences is the focus of this panel.

9:30

JOINT VENTURES along the NEW SILK ROAD

One Belt, One Road: Minimizing the Biggest Corruption Risks for Multinationals in a JV with a Chinese Company

Lisa Kristin Miller
Group Integrity Compliance Officer
World Bank Group (Washington, DC)

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

Ronald Cheng
Partner
O'Melveny & Myers LLP (Hong Kong)

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

  • How to proactively identify and preempt risks when working with SOEs and China’s State-owned Assets Supervision and Administration Commission of the State Council (SASAC)
  • JV majority vs. minority positions: How to tackle the unique risks presented by each scenario
  • How to overcome differing views on anti-corruption compliance and risk profiles between the US and Chinese partner
  • Paper vs. practice – the weight of contract terms: How much (or little) the written word in a contract matters in practice
  • How to tackle due diligence risks
  • Partnering with a local entity, (sub)contractor, sales representative or supplier in addition to your Chinese partner

10:15
Refreshment Break
10:30

THIRD PARTY SCENARIOS with AUDIENCE POLLING: What would you do if..

You Have Been Assigned a Business Partner, Now What: How to Live Through a “Forced Marriage” in the Middle East and Africa

Anton Alferov
Senior Regional Compliance Counsel – EESSA
Halliburton (United Kingdom)

Christopher E. Tierney
Christopher E. Tierney
Bechtel Corporation (Reston, VA)

Lamia M. Matta
Partner
Miller & Chevalier Chartered (Washington, DC)

Koutayba Yamak
Director
PwC (Washington, DC)

This practical session will feature six complex third party risk management scenarios that will discuss how to tailor your due diligence process to local circumstances, and how to ensure cooperation and compliance from business partners.  

  • Addressing questions related to who qualifies as a “government official” in countries where large numbers of people are identified as members of a royal family or affiliated with a ruling tribe?
  • What are the best ways to manage and use agents in countries that legally require them?
  • How often should you exercise third-party audit rights and how extensive do these audits need to be in order to satisfy government regulators?
  • What if your company should discover vendor misconduct? When should you turn to local law enforcement?
  • In negotiations, what to do when the vendor or agent demands a success fee?
  • Third party handling of your marketing and sponsorship activities: How to train local vendors on the importance of compliance

11:30

VIRTUAL CURRENCIES and BLOCKCHAIN TECHNOLOGY

The Latest Schemes to Hide Corruption: How to Restructure Your Risk and AML Strategies in Light of New Tactics and Risks

Carlton Greene
Partner
Crowell & Moring LLP (Washington, DC)

Danish Hamid
Partner
DLA Piper LLP (Washington, DC)

  • How the emergence of blockchain technology and cryptocurrencies increases corruption and AML risks
  • How FinTech institutions are responding to blockchain technology, and the associated anti-corruption and FCPA risks
  • The anti-corruption risks that stem from technology: How CCOs are amending existing policies and procedures
  • From mooncakes to virtual currencies: How bitcoin could be used as a tool for illicit transactions including bribery
  • How regulators such as the SEC regard cryptocurrencies and what recent enforcement actions may reveal about future enforcement
  • What CCOs should know about the FinTech “Cooperation Agreement” between the U.S. Commodity Futures Trading Commission (CFTC) and the UK Financial Conduct Authority (FCA)

12:15

SINGAPORE and MALAYSIA Country Vignette

Recent Prosecutions and What They Mean for Your Compliance Risk Calculation

Aaron Lee
Partner
Allen & Gledhill LLP (Singapore)

A concise analysis of recent anti-corruption developments and legislation.

12:35
Networking Lunch
1:45

MEXICO SPOTLIGHT

The Sistema Nacional Anticorrupción: How Companies are Readjusting their Anti-Corruption Strategy Based on New Risks

Mario César Rojas
Head of Global Security Group & Crime Prevention
MSD (Merck) Mexico & CENCA (Mexico)

Francisco J. Tiburcio Celorio
Partner
Basham Ringe y Correa S.C. (Mexico)

Peter S. Spivack
Partner
Hogan Lovells (Washington, DC)

  • How the National Anti-Corruption System (SNA) is being implemented at the federal level and what steps companies should take to prepare themselves
  • How the general SNA legislation is being enacted at the state and municipal levels, and what challenges to implementation remain
  • Inside the General Law of Administrative Responsibilities (GLAR) and how compliance officers should factor it into their risk calculations
  • How new criminal liabilities for companies can affect their operations and compliance in Mexico
  • What next steps can be expected from the Mexican authorities in the coming years
  • How the SNA provides companies with controls and tools

2:30

INDIA

Addressing and Solving Sophisticated Compliance Issues for Companies Doing Business in India: The Travel Act and Beyond

Carolyn F. McNiven
Shareholder
Greenberg Traurig LLP (San Francisco, CA)

Rupinder Malik
Partner
J. Sagar Associates I advocates & solicitors (India)

  • Best-practice strategies to structure your India business to minimize risk
  • Doing business in India today: Getting into (and out of) India unscathed
  • How to mitigate risk of Travel Act exposure
  • Corporate fraud and misconduct: Where does the buck stop?
  • How to tackle and sophisticatedly solve the most complex due diligence issues
  • Determining fair market value in real estate transactions
  • How to counsel your company’s the C-suite around criminal exposure for routine civil violations

3:15
Refreshment Break
3:30

ARGENTINA Country Vignette

What the New Law on Corporate Criminal Liability Means for Multinationals with Local Business Interests

Gustavo L. Morales Oliver
Senior Attorney
Marval O’Farrell & Mairal (Argentina)

A concise analysis of recent anti-corruption developments and legislation.

3:50

CULTURAL AWARENESS FOCUS with AUDIENCE POLLING

How to Apply the Right Training Methods that Resonate with a Global Workforce

Catherine L. Razzano
Former Assistant General Counsel and Director
General Dynamics Corporation (Washington, DC)

Jeannine D’Amico Lemker
Assistant General Counsel, Office of Legal Compliance – Programs
Microsoft Corporation (Seattle, WA)

Sarah Foley
Senior Manager, Global Ethics & Compliance
The Hershey Company (Hershey, PA)

  • How to reinvent and present training on anti-corruption compliance as a corporate investment with good ROI
  • Measuring the effectiveness of your training program
  • How to instill the right culture across departments via an integrity skills competency program
  • Embedding ethical decision-making skills into department heads’ day-to-day conduct
  • Implementing separate training programs for in-house employees and third parties? What are the associated risks of failing to do so?
  • Best practices for rolling out your training program: Analyzing and interpreting whistleblower reports, etc.

4:45
Conference Concludes

A Deep Dive into the Core Components of an Effective Anti-Corruption Compliance Program for Brazil Today

Jul 24, 2018 9:00am – 12:30pm

Luciano Malara
Partner
Percequillo, Cavalcantii, Malara & Munhoz Advogados (Brazil)

Rodrigo Carril
Legal and Compliance Director | Latin America Softline Brasil
Founding Member Instituto Compliance Brasil

What is it about?

This expert working session offers a unique opportunity to better understand the guidelines and requirements of a corporate compliance program in Brazil. Interactive and practical in nature, this session will focus on the “nuts and bolts” of what anti-corruption enforcement agencies stipulate as key components and requirements. It will also address how companies should fine-tune existing global policies to adhere to evolving local requirements. Take advantage of this unique opportunity to have your specific questions answered and benchmark with peers. Topics to be covered will include:  
  • What makes up the structure and backbone of an effective anticorruption compliance program designed for Brazil and based on existing Brazilian and non-Brazilian agencies’ guidelines
  • Do the Brazilian guidelines significantly differ from the FCPA guidelines? How to weave Brazilian requirements into your global anticorruption program?
  • How to review and enhance compliance policies to meet requirements by multiple authorities in Brazil and be mindful of a tightening enforcement environment
  • Ensuring that the compliance program is culturally nuanced and sensitive
  • Best practices for an effective Code of Conduct
    • Assembling the best team
    • Sharing ownership and commitment
    • Instilling a sense of accountability in your team
    • Operational and financial capacity
    • Personnel and stakeholder communication, and the importance of relationship building
  • How to properly audit compliance and implement a continuous monitoring program?
  • Leveraging technology and data analytics to drive your compliance strategy: Dashboards, average headcount, average cycle time
  • How to make the best use of outside counsel and advisors in designing your Brazilian compliance program?

A Complete and Practical Guide to China: What You Need to Know about the Revised Anti-Unfair Competition Law on Commercial Bribery, Implications of the New National Supervision Law and Commission, and the Impact on Multinationals

Jul 24, 2018 1:30pm – 5:00pm

Jianwei (Jerry) Fang
Partner
Zhong Lun Law Firm (Beijing, China)

Susan Munro
Partner
Steptoe & Johnson LLP (China)

What is it about?

  • Analysis of China’s anti-corruption campaign since new leadership, and what that means for multinational corporations:
  • Recent amendment of PRC Anti-Unfair Competition Law
  • Implication of the new AUCL on the enforcement actions
    • Expanded scope of bribery-related violations
    • Clarified basis for vicarious liability
    • Procedural emphasis and change
  • National Supervision Commission and its implications on anti-corruption landscape and crackdown on official corruption
    • Jurisdiction of NSC
    • NSC’s broad investigation power
    • NSC in action: Cases
  • Government agency consolidation of a new State Administration for Market Regulation
  • How to conduct parallel investigations considering American and Chinese legal features
  • How to address Chinese legal issues in a government investigation
    • Chinese employment law
    • State secrecy
    • Data privacy and cybersecurity issues
  • How to respond to a Chinese government visit and/or dawn-raid?
  • What a downturn in U.S.-China relations could mean for enforcement risks for multinational corporations
  • How to build and implement an effective compliance program in China
  • Studies of recent enforcement cases
    • U.S. enforcement cases involving China operations
    • Chinese enforcement cases against subsidiaries in China