Third-Party Corruption Risks When Doing Business in China
Navigating China and U.S. Anti-Corruption Laws When Using Foreign Agents, Distributors and Other Intermediaries
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare counsel for companies conducting business in China to minimize the risks of violations due to third-party misconduct under the FCPA and Chinese anti-corruption laws. The panel will outline steps to ensure proper due diligence with foreign agents and intermediaries.
- Corruption risks created by third party agents
- Legal framework for third party liability
- Recent enforcement cases involving third party activity
- Unique risks created by different third parties
- Common third party agent red flags
- Third party due diligence
- Gathering background information on third parties
- Due diligence investigation/interview
- Oversight/audit of books and records
- Compliance certificates
- Contracting with third parties
- Enforcement of remedies
- Local law considerations in terminations
- Local law considerations in disputes
- Monitoring of third-party risk
- Best practices for minimizing third party risk
The panel will review these and other key questions:
- What unique risks are created by different types of third parties under the FCPA and Chinese laws?
- What are the core elements of an effective third-party due diligence program?
- What critical issues must remain top of mind when contracting with third parties to mitigate risks of violating the FCPA and Chinese anti-corruption laws?
- What are the key steps for companies to take in monitoring third-party conduct?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Kathryn Cameron Atkinson
Miller & Chevalier
Ms. Atkinson is the Chair of the firm’s International Department and focuses her practice on the design and... | Read More
Ms. Atkinson is the Chair of the firm’s International Department and focuses her practice on the design and implementation of custom-tailored international regulatory compliance programs. She advises clients on corruption issues around the world, compliance with the FCPA and related laws and international treaties. Ms. Atkinson performs compliance audits, trains company personnel and third parties, and works with companies to perform effective due diligence.Close
Susan M. Ringler
Senior Counsel for International Compliance
She provides strategy, regulatory, and programmatic advice on compliance with U.S. and foreign laws and regulations... | Read More
She provides strategy, regulatory, and programmatic advice on compliance with U.S. and foreign laws and regulations regarding anti-bribery, anti-money laundering and related compliance issues. She served as General Counsel for the Independent Inquiry into the UN Oil-for-Food Programme, and as a consultant, conducting investigations of fraud and corruption involving World Bank Group funds.Close
Edward J. Fishman
Mr. Fishman advises clients with respect to government and internal corporate investigations, corporate transactions,... | Read More
Mr. Fishman advises clients with respect to government and internal corporate investigations, corporate transactions, and related regulatory matters. He focuses on FCPA compliance and auditor independence requirements. Mr. Fishman has extensive experience representing companies in connection with FCPA compliance, due diligence, training and other risk management procedures. He also regularly advises clients on matters before the DOJ and the SEC.Close