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/teleconference 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.
Description
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.
Outline
- Risk factors of doing business in China
- Defining government officials
- Defining a bribe
- Exposure to third party you may not control
- Chinese business culture/practices
- Reach of the FCPA in China
- Intersection of FCPA and local Chinese anti-bribery laws
- Congruency of the laws
- Enforcement of Chinese anti-bribery laws
- FCPA affirmative defense to prohibition of payment that was lawful under rules/regulations of the country
- Gift giving
- Best practices for mitigating risk
- Monitoring
- Compliance program
- Internal controls
- Education/training
- Due diligence
- Steps if misconduct is suspected
Benefits
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?
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.
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.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
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
International Law Advisory Board
Partner
K&L Gates
Partner
Gibson Dunn & Crutcher
Partner
O’Melveny & Myers
Partner
WilmerHale
Partner
Herbert Smith – Hong Kong
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.