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

Compliance Strategies Given China's Unique Cultural and Governmental Intricacies

A live 90-minute CLE webinar with interactive Q&A


Tuesday, March 6, 2018

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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. Further, the Chinese president has made fighting official corruption an essential piece of his administration.

In addition to FCPA compliance, companies doing business in China must be concerned with complying with Chinese Anti-Bribery Laws. There is an increase in anti-bribery enforcement actions in China coupled with strengthening of the relevant laws.

The SEC and the U.S. DOJ are scrutinizing U.S. companies’ dealings with overseas officials and heightening FCPA anti-corruption enforcement efforts. The penalties can be significant. In 2017, Las Vegas Sands Corp. settled charges that it violated the FCPA and agreed to pay almost $16 million in civil and criminal 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. The panel will also examine China’s Ninth Amendment, which enhanced its Anti-Bribery Laws.

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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

Bush, Nathan
Nathan G. Bush

Partner
DLA Piper

Mr. Bush’s practice focuses on regulatory matters, commercial disputes, and litigation concerning antitrust and...  |  Read More

Diamant, Michael
Michael S. Diamant

Partner
Gibson Dunn & Crutcher

Mr. Diamant’s practice focuses on white collar defense, internal investigations, and corporate compliance. He...  |  Read More

Hong, Cindy
Cindy Hong

Partner
K&L Gates

Ms. Hong concentrates her practice area in anti-corruption compliance and corporate transactions. She has experience...  |  Read More

Wong, Michael
Michael Li-Ming Wong

Partner
Gibson Dunn & Crutcher

Mr. Wong is Co-Chair of the firm’s national Securities Enforcement Practice group. He focuses his practice on...  |  Read More

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