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Conference Day Two Thursday, 2 December 2010
08:30 Refreshments
09:00 Chairman’s opening remarks
Scott Lane, Chief Executive Officer, THE RED FLAG GROUP
FINE-TUNING YOUR ANTI-CORRUPTION COMPLIANCE PROGRAMME BY CONSIDERING THE LEGAL RISKS ASSOCIATED WITH CORRUPTION IN CHINA
09:15
Developing risk assessment approaches to improve your anti-corruption compliance programme in China
· Gauging the legal and corruption risk appetite of the board and balancing that with the cost of compliance
· Mapping the levels of different risks to your business associated with corruption in China and communicating it to different departments clearly
· Effectively embedding anti-corruption compliance responsibility within front-line business operations to mitigate risk
· Integrating your anti-corruption compliance programme into your company risk management framework
· Understanding the implications of corruption allegations for your reputation in China and the impact on your business prospects
Chris Riley, Managing Director, SERCURA
09:45
CASE STUDY: Applying risk assessment approaches to corruption prevention in infrastructure projects – A lender’s perspective
You will look at how the World Bank has used a risk assessment approach to analyse the legal and financial risks associated with corruption in some of the projects they have funded in China. This is an opportunity to look at how risk assessment, legal and finance can be integrated in a long term project that has a great deal of government involvement.
Rohil Hafeez, Chief Risk Officer, INTERNATIONAL FINANCE CORPORATION / WORLD BANK GROUP
10:15
PANEL: Achieving buy-in to your anti-corruption compliance programme from front-line employees in China
· What are the most likely reasons for the failure of your anti corruption compliance programme in China?
· Assessing the benefits of incorporating face-to-face or online training for your employees in China
· Discussing the most effective strategies to overcome cultural and language difficulties
· Evaluating the benefits and challenges of using local compliance officers
· Understanding the impacts of anonymous hotlines on corruption prevention in the context of China
· What are the most effective penalties to deter employees in China from engaging in bribery?
Jane Niven, Regional General Counsel, Head of Legal & Compliance, Asia Pacific, JONES LANG LASALLE
Margaret Ng, Legal Director, ARROW ASIA
Michael Shain, Vice President Commercial & Legal Affairs/Risk Management, COVANTA ENERGY ASIA
11:00 Morning coffee
11:30
PANEL: Analysing the FAQs that come from frontline employees to shape your anti-corruption compliance programme in China
· Discussing how to approach funding of government-provided services and providing products for government events
· How can case studies of recent relevant prosecutions be used to effectively train front-line employees?
· Advising employees on how to handle a corruption situation where they fear being arrested
· How to appropriately provide sales incentives to employees of State Owned Enterprises (SOEs)
Ty Cobb, Partner, HOGAN LOVELLS
12:15
Who are you really doing business with? Dealing with difficult due diligence decisions and managing the legal risks associated with your partners in China
· Understanding the corruption risks of working with third parties in China
· What types of due diligence decision are particularly difficult in China?
· Challenges of reading the facts to uncover the hidden drivers when doing due diligence in China
· Finding ways to handle partners in China when the process becomes complicated by difficult decisions
· Deciding on a legal exit strategy from an unsuccessful partnership in China
· What can be done to keep due diligence costs down?
· Investigating the Technip case – What made the SEC decide their due diligence was “perfunctory”?
Michael Short, Director, Head of Enhanced Due Diligence, WORLD-CHECK
12:45 Lunch
CONDUCTING AND RESOLVING INTERNAL INVESTIGATIONS INTO BRIBERY IN CHINA
Considering the decision-making process when running an internal investigation
· Effectively sharing responsibility between investigation team members and different departments
· Shaping your review of investigation objectives around the environment and culture in China
· Accurately forecasting the timeline and resources required for an investigation in China and forming alternative plans
· Deciding when to outsource an investigation process and choosing what can be done in-house
· Considering the difficulties of interpreting the data coming from investigators in China
· Evaluating the process of judging whether or not to investigate further
Kris Lee, Manager, Fraud Investigative Services Asia Pacific & India, DOW CHEMICAL
Matthew McGinn, Asia Pacific Regional Counsel, WL GORE & ASSOCIATES
14:45 Afternoon tea
15:15
Developing investigation and interview techniques that work in China
· Evaluating how employees engage with current corruption mechanisms that are most active in China
· Adapting your internal investigation strategy specifically to corruption in China
· Shaping your analysis of the data through your understanding of the Chinese context
· Understanding the psychology of bribery and the corrupt individual
· Adapting psychological methods to interview situations
· Effectively incorporating local culture and customs to encourage interviewees to cooperate
Peter Humphrey, President, ACFE SHANGHAI CHAPTER, Partner, CHINAWHYS
15:45
PANEL: Ensuring business continuity and successful crisis communications after an investigation into corruption
· How to decide on the right balance between transparency and confidentiality when communicating with company employees
· Understanding the challenges of Chinese employment law when the need to terminate an employee arises
· How can you be seen to remediate your anti-corruption compliance programme effectively in all company departments?
· Strategies for mitigating damage to your reputation and brand after an investigation in China
· Discussing the impacts on enhanced compliance on the ability of frontline employees to do business in China
Wu Qiong, Corporate Compliance Officer, SIEMENS CHINA
Emmanuel Deligans, Vice President & Chief Procurement Officer, SIEMENS CHINA
16:30 Chairman’s closing remarks and close of conference
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