Foreign Corrupt Practices Act in China for 2012

Compliance Strategies Given China’s Unique Cultural and Governmental Intricacies

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, March 1, 2012
Recorded event now available

This CLE webinar will provide guidance for counsel to companies doing business in China to develop and implement a Foreign Corrupt Practices Act compliance program. The panel will review recent FCPA enforcement focused on China operations and will discuss the unique FCPA challenges for conducting business in China.


U.S. companies conduct business in and with China at an increasing pace, and China's unique business culture provides ample opportunity for employees to cross the line and violate the Foreign Corrupt Practices Act. Companies must remain on the alert with rigorous FCPA controls.

The SEC and the U.S. DOJ are scrutinizing U.S. companies' dealings with overseas officials and strengthening FCPA anti-corruption enforcement efforts. In 2011, China amended its laws that criminalize foreign bribery to prohibit bribery of foreign public officials in addition to government officials.

The penalties can be huge. In March 2011, the SEC reached a settlement with IBM based on alleged FCPA violations by employees of two subsidiaries in China. IBM agreed to pay approximately $5.3 million in disgorgement, $2.7 million in prejudgment interest, and $2 million in civil penalties.

Listen as our authoritative panel of legal specialists discusses the unique FCPA risks when doing business in China, the interplay between the FCPA and Chinese anti-bribery laws, and best practices for preventing violations.


  1. Risk factors of doing business in China
    1. Defining government officials
    2. Defining a bribe
    3. Exposure to third party you may not control
    4. Chinese business culture/practices
    5. Reach of the FCPA in China
  2. Intersection of FCPA and local Chinese anti-bribery laws
    1. Congruency of the laws
    2. Enforcement of Chinese anti-bribery laws
    3. FCPA affirmative defense to prohibition of payment that was lawful under rules/regulations of the country
    4. Gift giving
  3. Best practices for mitigating risk
    1. Monitoring
    2. Compliance program
    3. Internal controls
    4. Education/training
    5. Due diligence
    6. Steps if misconduct is suspected


The panel will review these and other key questions:

  • What are the risk factors that increase the exposure of companies conducting business in China to possible FCPA violations?
  • How are the U.S. and Chinese governments acting to enforce their respective anti-bribery laws against U.S. companies?
  • What are best practices for companies to utilize in developing anti-corruption compliance programs and due diligence efforts for their China operations?


Amy L. Sommers, Partner
K&L Gates, Shanghai, China

Ms. Sommers focuses on advising on investment and operation in restricted sectors. She is a leading China-based practitioner in FCPA and anti-bribery compliance. She works closely with clients in developing strategies for compliance with the FCPA and PRC anti-bribery laws, and provides global solutions for clients facing the challenges of increasingly complex regulation and intensified global enforcement.

Nathan G. Bush, Partner
O'Melveny & Myers, Beijing, China

His practice focuses on regulatory matters and litigation concerning antitrust and competition, anticorruption, and international trade. He counsels companies on compliance with the FCPA. He also conduct internal investigations for firms in sectors ranging from financial services to consumer electronics in Japan, China, Hong Kong, Singapore, and Vietnam.

Kyle A. Wombolt, Partner
Herbert Smith, Hong Kong, China

He focuses on multi-jurisdictional anti-corruption, fraud and accounting investigations, as well as US securities regulation and trade issues involving multinational and major regional corporates. He advises clients on corruption risks associated with a wide range of transactions and has extensive experience implementing anti-corruption compliance programs.


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Customer Reviews

The speakers were well-versed in the problems to watch for and guard against in China. The seminar was very helpful to those of us who advise companies with operations there.

Anne Turner

Baker Donelson Bearman Caldwell & Berkowitz

I appreciate the mix of legal instruction to real-world advice and that all of my questions going in were answered by the prepared remarks.

Michael Hoff

MTS Systems

The seminar was well presented and the topic was tied very well to real life examples.

Anne Turner

Phelps Dunbar

I appreciated that I got exactly what I expected from Strafford’s webinar and I thought the presentation was fantastic. I would love to see more webinars like this.

Brian Cromer

Sempra LNG

The program's structure and organization was very logical and easy to follow.

Natasha Chu


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International Law Advisory Board

Edward J. Fishman


K&L Gates

Judith A. Lee


Gibson Dunn & Crutcher

Greta Lichtenbaum


O’Melveny & Myers

Kimberly A. Parker



Kyle A. Wombolt


Herbert Smith

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