New Chinese Anti-Corruption Law Amendment and the FCPA

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 25, 2011

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 recently passed Chinese anti-corruption amendment and its interplay with the Foreign Corrupt Practices Act.

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 risk of their employees crossing the line and violating Chinese antibribery law, as well as the U.S. Foreign Corrupt Practices Act.

In Feb. 2011, the Chinese government passed a new anti-corruption amendment that went into effect in May 2011, stepping up its efforts to crack down on bribery occurring in offshore commercial transactions. At the same time, China has increased enforcement against commercial bribery in PRC domestic transactions.

China’s new anti-corruption efforts together with the U.S. government’s increased focus on corruption alerts U.S. companies to the need for rigorous controls to comply with Chinese and U.S. laws.

Listen as our authoritative panel examines China’s new anti-corruption amendment and the interplay of the new law with the FCPA. The panel will also discuss Chinese enforcement and offer guidance on responding to Chinese government commercial bribery investigations.

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Outline

  1. China’s new anti-corruption amendment
  2. Interplay with the FCPA
  3. Chinese enforcement
    1. Sources of enforcement risk
    2. Modes of government investigation
    3. Enforcement cycle
  4. 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:

  • What is the interplay between the new Chinese anti-corruption law and the FCPA?
  • How is the Chinese government acting to enforce China's anti-bribery laws domestically?
  • What are best practices for companies to respond to Chinese government 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

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