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 with Q&A

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Conducted on Thursday, August 16, 2012

Recorded event now available

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Course Materials

This CLE course 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.

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Outline

  1. China’s anti-corruption amendment and the interplay with the FCPA
  2. Chinese enforcement
    1. Sources of enforcement risk
    2. Modes of government investigation
    3. Enforcement cycle
  3. Responding to Chinese government commercial bribery investigation
    1. Cooperative approach to investigation
    2. Developing narrative of events
    3. Securing the evidence
    4. Operational concerns
    5. 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Amy L. Sommers
Amy L. Sommers
Partner
K&L Gates

Ms. Sommers focuses on advising on investment and operation in restricted sectors. She is a leading China-based...  |  Read More

John Auerbach
John Auerbach
Greater China Practice Leader, Fraud Investigation & Dispute Services
Ernst & Young (China) Advisory Limited

He specializes in fraud investigations and risk management consulting for businesses operating in Asia. He assists...  |  Read More

Susan M. Ringler
Susan M. Ringler
Deputy General Counsel
Xylem

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