Anti-Corruption Compliance in China: Minimizing FCPA and Chinese Anti-Bribery Law Violations

Compliance Strategies Given China's Unique Cultural and Governmental Intricacies

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


Conducted on Wednesday, January 25, 2017
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 (FCPA) 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. The panel will also examine the latest developments in China’s anti-bribery regulatory regime.

Description

U.S. companies continue to 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 FCPA. Companies must remain on the alert with rigorous FCPA controls.

In addition to FCPA compliance, companies doing business in China must be concerned with complying with Chinese Anti-Bribery Law. There is an increase in anti-bribery enforcement actions in China coupled with strengthening of the relevant laws. In April 2016, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued a judicial interpretation entitled “Several Issues Concerning the Application of Law in Handling Criminal Cases of Embezzlement and Bribery.” The judicial interpretation strengthens the punishment of bribery crimes and clarifies the sentencing criteria and certain definition of the elements of the law.

The SEC and the U.S. DOJ are scrutinizing U.S. companies’ dealings with overseas officials and strengthening FCPA anti-corruption enforcement efforts. The penalties can be significant. Recently, GlaxoSmithKline settled FCPA allegations for $20 million. The SEC also entered an agreement with Novartis AG, which paid $25 million to settle alleged FCPA violations.

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. The panel will also examine China’s Ninth Amendment, which enhanced its Anti-Bribery Law.

Outline

  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 Chinese Anti-Bribery Laws
    1. China’s Ninth Amendment
    2. Congruency of the laws
    3. Enforcement of Chinese Anti-Bribery Laws
    4. FCPA affirmative defense to prohibition of payment that was lawful under rules/regulations of the country
    5. 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

Benefits

The panel will review these and other key issues:

  • 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

Nathan G. Bush, Partner
DLA Piper, Singapore

Mr. Bush’s practice focuses on regulatory matters, commercial disputes, and litigation concerning antitrust and competition, fraud and corruption, and international trade. He counsels companies on compliance with the FCPA, and also conducts internal investigations for firms in sectors ranging from financial services to consumer electronics in Japan, China, Hong Kong, Singapore, and Vietnam.

Michael S. Diamant, Partner
Gibson Dunn & Crutcher, Washington, D.C.

Mr. Diamant’s practice focuses on white collar defense, internal investigations, and corporate compliance. He conducts internal investigations for corporations regarding possible violations of the FCPA and assists them in complying with government subpoenas and negotiating settlements with enforcement agencies. Mr. Diamant also advises major corporations on the adequacy of the design and implementation of FCPA compliance programs.

Cindy Hong, Partner
K&L Gates, Shanghai, China

Ms. Hong concentrates her practice area in anti-corruption compliance and corporate transactions. She has experience advising multinational companies in connection with their China operations, whether at the outset of their investment or in connection with the compliant functioning of their ongoing businesses. She advises companies in a wide range of industries including advertising, telecommunications, e-commerce, transportation and logistics, and manufacturing.

Michael Li-Ming Wong, Partner
Gibson Dunn & Crutcher, San Francisco

Mr. Wong is Co-Chair of the firm’s national Securities Enforcement Practice group. He focuses his practice on white-collar criminal matters, complex civil litigation and internal corporate investigations, with a particular expertise in anti-corruption investigations and extensive experience in China. Prior to joining the firm, he served for over eight years as an Assistant United States Attorney, including serving as Chief of the White Collar Crimes Section.


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Customer Reviews

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

Anne Turner

Phelps Dunbar

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.

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