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

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Conducted on Thursday, June 16, 2011

Recorded event now available

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Course Materials

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.


Most U.S. businesses operating in China partner with local companies or use local distributors and sales agents to sell their goods and services. These U.S. companies face a regulatory minefield to avoid liability based on the conduct of these third-party agents and intermediaries.

An increased focus by the Chinese government and the U.S. Department of Justice and the Securities and Exchange Commission on battling corruption makes performing effective due diligence, structuring agreements, and monitoring third-party agents an even higher priority for businesses.

To minimize the risks stemming from third-party conduct, counsel must advise companies on policies and procedures that will protect the company when working with third parties in China—while balancing the need to control costs.

Listen as our authoritative panel examines the special risks created by various types of third party agents, due diligence with respect to such third party agents, the engagement of third parties and the enforcement of remedies, monitoring third-party risk, and offers best practices for minimizing corruption risks related to third-parties.



  1. Corruption risks created by third party agents
    1. Legal framework for third party liability
    2. Recent enforcement cases involving third party activity
    3. Unique risks created by different third parties
    4. Common third party agent red flags
  2. Third party due diligence
    1. Gathering background information on third parties
    2. Due diligence investigation/interview
    3. Oversight/audit of books and records
    4. Compliance certificates
  3. Contracting with third parties
    1. Engagement
    2. Enforcement of remedies
    3. Local law considerations in terminations
    4. Local law considerations in disputes
  4. Monitoring of third-party risk
  5. 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.


Atkinson, Kathryn
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

Susan M. Ringler
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

Edward J. Fishman
Edward J. Fishman

K&L Gates

Mr. Fishman advises clients with respect to government and internal corporate investigations, corporate transactions,...  |  Read More

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