The Event



Co-sponsors


Speakers

trace baker hughes world bank department of justice transparency Int millercoors ing tyco newmont weatherford bae systems pfizer uk serious fraud office alstom astra zeneca

Agenda

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Day One, 23rd June 2010

Plenary Session One

Critical update on the state of play of Anti-Corruption and Compliance: How will your business be affected?

The escalating rate of enforcement actions and individual prosecutions – by US regulators and their overseas counterparts – shows no sign of slowing down.  Meanwhile, inter-agency co-operation grows ever more sophisticated.  In this session:

  • What to be on the alert for in the next twelve months – and how to prepare for upcoming developments
  • FCPA Sting Operation – What really went on? What are the lessons learned?
  • Increasing international cooperation between regulators on investigations:  To what extent will the new policies increase your corporate liabilities?
  • US Department of Justice, Mark Mendelsohn, Deputy Chief, Fraud Section
  • Weatherford, Billy Jacobson, Vice President, Co-General Counsel, Chief Compliance Officer

Plenary Session Two

Personal Liability: How the shift towards individual prosecutions will affect YOU

Individuals can no longer afford to turn a blind eye to bribery and corruption risks in their company. Ignorance is no defense.  And regulators are more than willing to levy severe fines and penalties against individuals who have failed to carry out adequate anti-corruption measures.

So how do you protect yourself?

  • Senior management: The Nature’s Sunshine Products case, in which the company agreed to pay $6 million – marked the first enforcement action where individuals were charged with FCPA violations. The “I don’t know what I don’t know” defense will no longer suffice.
    • Understand what you need to do now to avoid the same fate of the CEO and CFO of NSP, who were charged for failing to adequately supervise personnel responsible for ensuring FCPA compliance
  • General Council and Compliance Officers: The FCPA Sting Operation has received widespread attention throughout the compliance world.
    • Understand how to use this as an opportunity – and ensure the message filters out beyond your compliance team.
    • Learn the most efficient way to reinforce your corporate ethics and compliance policy on every employee.
  • Corporate: Companies may sometimes be incentivized to point a finger at individuals.
    • What’s the best approach for such a delicate area – and how do you protect the corporation in the long run?
  • US Department of Justice, Hank Walther, Assistant Chief, Fraud Section
  • Pfizer, Gary Giampetruzzi, VP and Assistant General Counsel, Head of Government Investigations

Breakout Session One:

Track One:

Prevention

Risk-based due diligence on third parties: Joint venture partners, agents & consultants

AGCO Corporation will pay more than $20 million in fines as a result of failing to conduct due diligence on a third-party agent who acted illegally.  Based on this case and other prosecutions recently taken forward by the DOJ and SEC, due diligence on your business partners has become paramount in today’s anti-corruption standards.

  • In the eyes of law enforcement agencies, which specific business partners are you now obliged to subject to due diligence?
  • Quality and quantity: How much do you ask for and how many of your business partners/ suppliers/contractors must you realistically carry out due diligence on?
  • Expert advice on cost-effective, risk-based approaches to defining and vetting partners, especially those overseas.
  • How to leverage technology and third-party inventory techniques to create a robust due diligence program with minimal administrative and financial burden.
  • Tyco International, Matthew Tanzer, Vice President and Chief Compliance Counsel
  • World Check

Track Two:

Detection

Your compliance program: Is it good enough in the eyes of enforcement agencies?

It’s hard to prove a negative.  But it is not difficult to evaluate the effectiveness of your compliance program.  This session delivers the inside track on mounting a stronger defense plan.

  • How to build and use risk assessment to identify where compliance functions work – and where they fall short
  • Effective ways to deal with internal bad actors
  • How does the DOJ evaluate compliance programs?
    • What exactly do they look for?
    • What are the less talked about issues you should still be aware of?
  • The role of US Sentencing Guidelines in recent FCPA investigations, prosecutions and settlements.

Breakout Session Two:

Prevention

Benchmarking to create a compliance program that's a perfect fit for your company's risk profile

No matter whether you’re confident you have a great compliance program in place, or one that’s ‘good enough’, attend this session to compare some of the best in US businesses.

  • How to carry out an effective compliance risk assessment:  What should you be looking for?
  • What are the minimum acceptable standards of a compliance program – and why should you bother to improve on them?
  • Benchmark core elements from other programs and tailor them to enhance your company’s risk profile.
  • Innovative ways of testing your compliance program – and pinpointing weak spots.
  • What’s the best way to spread your resources and leverage different departments to ensure your compliance program is up to scratch – despite the tough economy
  • Trace International, Alexandra Wrage, President
  • Alstom, Jean-Daniel Laine, SVP Ethics & Compliance

Detection

A-Z of effective auditing on a budget

Continuous – and effective – auditing is vital in this demanding era.  It is also the most effective way of finding out what’s going on in your back yard… and uncovering any holes in the anti-corruption safety net.

  • How do you develop an effective audit program?
  • What are the key components of conducting an FCPA audit?
  • What’s the ideal balance between internal and external auditing – and how do you achieve it?
  • How can you use pre- and post-closing audit work to identify previously unknown compliance risks?
  • Internal audits on a budget:  Innovative format, tools and other effective technological solutions that will cut your costs


Breakout Session Three:

Prevention

Minimize FCPA risks before, during and after M&A

A KPMG survey reveals that only 36% of businesses feel their organization’s level of US FCPA due diligence in M&A is adequate. Confronted with such stark statistics – and the DOJ’s increased focus on acquisitions – identifying FCPA risks must be a key priority in every merger or acquisition.  This session will help keep you safe:

  • Before: How to include an FCPA component when carrying out due diligence – and how to use this to identify potential risks pre-acquisition
  • During: How you can make certain all potential FCPA issues are revealed in the due diligence process and auditing?
  • During: How to deal with problems such as public disclosure
  • After: How to create a tight post-integration plan for companies you acquire.
  • After: What are the most cost-effective ways of integrating the new company into your existing compliance program?
  • US Department of Justice, Hank Walther, Assistant Chief, Fraud Section
  • AstraZeneca, Glenn Engelmann, General Counsel
  • Daylight Forensic & Advisory LLC, Scott Moritz, Executive Director

Response

Crisis what crisis? Effective internal investigation and crisis management

Crisis management. No-one wants to have to deal with it – because everyone hopes their compliance programs are sufficiently robust to ensure there is no crisis. You only need talk to someone who has been prosecuted to fully understand the necessity of crisis management protocols and internal investigation plans so you’re ready to respond without delay.

In this fascinating session, our panel will be presented with different scenarios.

You’ll be able to discuss a variety of approaches and responses.

Will you agree with our speakers?


Day Two, 24th June 2010

Plenary Session One

Global Anti-Corruption efforts: What are the implications of recent developments?

Mining areas where water is in scarce supply can put you at loggerheads with the local community. With 8,000 litres of water per ton of ore extracted on average, water scarcity is one of the most fundamental threats to the future output of the mining industry.

It's a pressing issue, and one that won't be resolved overnight. A recent report published by Ethical Corporation has found that, in terms of water management, reputable companies places most emphasis on water stewardship, footprinting, community partnership, efficiency and sanitation.

Attend this session to hear about the most important three:

  • How do you ensure a continuous water supply for your business without causing distress to nearby communities?
  • Find out how to implement effective water conservation strategies and avoid damaging constraints in the middle of major projects
  • Liquid solutions – when efficient water use isn't enough, what do you do?
  • US Department of Justice, Mark Mendelsohn, Deputy Chief, Fraud Section
  • UK Serious Fraud Office (Speaking commitment confirmed, name to be released next week)
  • The World Bank, Pascale Dubois, Sanctions Evaluation and Suspension Officer

Plenary Session Two

Anti-Corruption Dilemmas: What would YOU do?

It’s all very well talking about integrity and the importance of ‘doing the right thing’.  But does theory ever really work in the real world?

  • Do you let your unethical competitor win because you’re playing straight?
  • How do you make sure your ethical and financial choices are correct?
  • Do you investigate – or report immediately?
  • Protect the business?
  • Or protect your people?
  • Which side are you on when individual and corporate interests collide?

Another thought-provoking session in which our panel of anti-corruption experts will be put on the spot. Audience participation is most welcome…

Breakout Session One:

Track One:

Implementation

How to set up an effective ethics training program: Secrets of success

Ensuring your employees understand the corporate ethics policy is only half the battle. Getting them to apply rules when making key decisions is the crucial part. An effective ethics training program not only helps mitigate compliance risks, it can also help reverse an existing culture which may not follow the rule book word for word. Attend this session to discover:

  • The best way to remind employees about their personal liability risks in the training program
  • Face-to-face training:  Is it always superior? What about other less costly training techniques that create long term behavior change?
  • How to train key staff to spot and resolve compliance issues as they arise – and hopefully before they become a crisis
  • How to tackle employee resistance to extra layers of approval and review
  • How do you ensure that compliance training ranks sufficiently high in your corporate priorities – especially when spending is being cut?
  • BAE Systems, Jeffrey Cottle, Chief Counsel – International

Track Two:

Compliance

Your compliance program: Is it good enough in the eyes of enforcement agencies?

KPMG and Dow Jones report in separate surveys found that almost 50% of companies are avoiding high growth markets because they’re afraid of the non-compliance risks associated with emerging markets.

So how can you gain a competitive advantage by successfully mitigating compliance risks?

  • Find out how to effectively asses and mitigate the risks in specific emerging markets of interest to your business
  • Playing fair? What to do when you are losing business to unethical competitors.
  • How to maintain ethical standards when working in less demanding countries – and why it is so important to do so.
  • How to make sure that your corporate compliance practice is upheld – even when local legislation is less demanding.

Breakout Session Two:

Implementation

How to implement compatible Compliance Program across regional and global jurisdictions

Make sure your non-U.S. operations aren't falling behind the curve when it comes to their anti-bribery compliance.

  • Customization – can you ever successfully cut and paste? Find out how to adapt training, monitoring and response methods that works best with local conditions and local workforce – without compromising the overall objective
  • Learn how to create global communication channels that work
  • How to ensure your global compliance program carries the same weight in all subsidiaries?
  • With the new UK anti corruption law coming into force this year, what areas of your global compliance program will need updating?

Compliance

Gray areas: How to navigate facilitation payments, gifts, and middlemen

Sometimes it’s tempting to pay the money if it means the work will get done faster. But when is money changing hands a bribe?  And when is it not?

  • The UK’s upcoming Anti-Bribery law is unlikely to exempt ‘facilitation payments’ – and the OECD have also called for an end to them. However, facilitation payments are currently still permitted under US anti-corruption laws.  So should you prepare to end these practices – and if so, what can you legitimately do instead?
  • With agents and middlemen particularly prone to corruption, what are the essentials of creating and implementing specific, rigorous guidelines for due diligence and agent approval?
  • Gifts, meals and hospitality:  When do ‘reasonable’ and ‘customary’ become a bribe? Learn how to develop a global hospitality and gift policy that keeps you on the right side of all the laws.