Chinese Anti-Corruption Law Amendment and the FCPA: One Year Later
Best Practices for Responding to a Chinese Government Commercial Bribery Investigation
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, August 16, 2012
Recorded event now available
This CLE webinar will provide guidance for counsel to companies doing business in China to prepare for and respond to Chinese government investigations. The panel will examine the Chinese anti-corruption amendment, its interplay with the Foreign Corrupt Practices Act (FCPA), and how the law is being enforced.
Description
U.S. companies are conducting business in and with China at an increasing pace. In a rapidly growing economy that is still strongly cash-based and where the government retains an active role, companies face the risk of employees crossing the line and violating Chinese anti-bribery law, as well as the U.S. FCPA.
In 2011, the Chinese government passed a new anti-corruption amendment, stepping up its efforts to crack down on bribery in offshore commercial transactions. At the same time, China has increased enforcement against commercial bribery in domestic transactions.
China’s anti-corruption efforts together with the U.S. government’s increased focus on battling corruption alert U.S. companies to the need for rigorous controls to comply with Chinese and U.S. laws.
Listen as our authoritative panel reviews China’s anti-corruption amendment and the interplay of that law with the FCPA. The panel will discuss Chinese enforcement and offer guidance on responding to Chinese government commercial bribery investigations.
Outline
- China’s anti-corruption amendment and the interplay with the FCPA
- Chinese enforcement
- Sources of enforcement risk
- Modes of government investigation
- Enforcement cycle
- Responding to Chinese government commercial bribery investigation
- Cooperative approach to investigation
- Developing narrative of events
- Securing the evidence
- Operational concerns
- Common approaches
Benefits
The panel will review these and other key questions:
- How do the Chinese anti-corruption law and the FCPA interact with each other in practice?
- How has the Chinese government enforced China's anti-bribery laws domestically?
- What are best practices for companies to respond to Chinese government anti-corruption investigations?
Faculty
Amy L. Sommers, Partner
K&L Gates, Shanghai, China
She 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.
John Auerbach, Greater China Practice Leader, Fraud Investigation & Dispute Services
Ernst & Young (China) Advisory Limited, Shanghai, China
He specializes in fraud investigations and risk management consulting for businesses operating in Asia. He assists multinational companies in investigating fraud and irregularities in their Asia operations, frequently with the involvement of U.S. law enforcement and regulatory authorities. He focuses on conducting FCPA investigations and risk assessments in China.
Susan M. Ringler, Deputy General Counsel
Xylem, Washington, D.C.
Ordering
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