Pre-Conference Workshops

Workshop A — A Deep Dive into the Grey Areas of the FCPA, UKBA, Sapin II, and German Law: Inside the Hidden, Unwritten Lessons for Individual and Corporate Risk Mitigation

Sep 14, 2020 8:30am – 12:00pm

Speakers

Nicole Willms
Partner
POHLMANN & COMPANY, Germany

Polly Sprenger
Partner
Addleshaw Goddard LLP, UK

Emmanuel Breen
Counsel
Laurent Cohen-Tanugi Avocats

William Barry
Partner
Miller & Chevalier

Workshop B — Third Party & Supply Chain Management Roadmap: How (and How Not) to Vet, Onboard, Monitor and Audit Contract Performance, Payments and Compliance in High-Risk Markets

Sep 14, 2020 1:00pm – 4:30pm

Speakers

Rhibetnan Yaktal
Global Head of Compliance
Puma Energy

Artur Nagapetyan
Vice President, Head of Compliance International Markets
Teva Pharmaceuticals

Tony Charles
Chief Client Officer
STEELE Compliance Solutions, Inc. (U.S.)

Day 1 - Tuesday, September 15, 2020

9:00
Opening Remarks from the Co-Chairs
9:15
The UK Bribery Act Year in Review: Important Updates on Enforcement Trends, DPAs, Multi-Jurisdictional Coordination and Priorities Moving Forward
9:45
Sustaining a Culture of Compliance and Integrity: What It Now Takes to Drive Good Behaviour, Programme Implementation, Employee Training, and Messaging
10:45
Break
11:15
The Unwritten Do’s and Don’ts for Adequate Procedures under the UKBA: Concrete Examples of What Does (and Doesn’t) Measure Up.
12:15
Compliance Brainstorming Session
1:00
Lunch Break
2:00
SPECIAL INTERVIEW with Airbus Group General Counsel
2:30
Multi-Jurisdictional Government and Internal Investigations: Critical, New Lessons on Self-Disclosure, Remote and In-Person Investigations and Cooperation with the Agencies
3:30
Extra-Territorial FCPA and Fraud Enforcement: Clarifying “Agency,” and DOJ and SEC Compliance Programme and Internal Controls Expectations
4:30
Conference Adjourns

Day 2 - Wednesday, September 16, 2020

9:00
Opening Remarks from the Co-Chairs
9:05
SPECIAL KEYNOTE ADDRESS
9:35
AML AND POCA ENFORCEMENT POST-BREXIT: Status Report on Agency Expectations, Priorities, Cooperation, and More
10:30
Break
11:00
WORLD BANK AND MDB DEBARMENT
12:00
Achieving Programme Effectiveness and Efficiencies: How Companies and Financial Institutions Are Strengthening AML, Fraud, Sanctions and More Compliance Risks
1:00
Lunch Break
2:00
Corporate Governance Corner
3:00
GDPR “NAIL BITERS”
4:00
Conference Concludes

Day 1 - Tuesday, September 15, 2020

9:00
Opening Remarks from the Co-Chairs

Sir David Green QC
Senior Consultant
Slaughter and May

Gaon Hart
Global Anti-Bribery & Corruption Policy & Education Lead
HSBC

9:15
The UK Bribery Act Year in Review: Important Updates on Enforcement Trends, DPAs, Multi-Jurisdictional Coordination and Priorities Moving Forward

Lisa Osofsky
Director
UK Serious Fraud Office (SFO)

9:45
Sustaining a Culture of Compliance and Integrity: What It Now Takes to Drive Good Behaviour, Programme Implementation, Employee Training, and Messaging

Laurence Perrin-Rees
Chief Compliance Officer
CHANEL

Luis Cuevas
Global Ethics & Compliance Director
Reckitt Benckiser

Mikael Karlsson
Chief Ethics & Compliance Officer
Telia Company

Moderator:

Nathan Seltzer

Nathan H. Seltzer
Partner
Latham & Watkins LLP (U.S./UK)

During this highly anticipated session, expert speakers will share their experiences and lessons learned for fostering an ethical corporate culture amid challenging circumstances, including an enforcement action, merger, uncertainty in emerging markets, and more.

  • What success means to your business and your industry sector
  • How to influence behaviour to develop a strong culture of compliance today: What has worked and what has proven ineffective
  • What does it mean to be “ethical” in real life: Evaluating what is on paper vs. practice
  • How to measure the success and shortcomings of your compliance programme, including:
    • What to make of who is using the hotline
    • Effectiveness of using surveys
    • Assessing the tone at the top and in the middle
  • What have companies put in place to promote good behaviour and how to track and monitor it
  • Innovative and effective employee training and messaging that resonates
  • The interplay of culture and corporate governance:
    • Trends in the board of directors’ expectations for culture, and where it sits on their lists of priorities
    • The roles of the board of directors and audit committees
    • Reporting to the board and audit committee on ethical culture

10:45
Break
11:15
The Unwritten Do’s and Don’ts for Adequate Procedures under the UKBA: Concrete Examples of What Does (and Doesn’t) Measure Up.

Dame Alison Saunders
Partner
Linklaters

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Dylan G. Moses
Partner
K&L Gates LLP

Gaon Hart
Global Anti-Bribery & Corruption Policy & Education Lead
HSBC

Tapan Debnah

Tapan Debnath
Head of Investigations UK & EMEA
Nokia

Ten years since its inception, the UK Bribery Act has significantly raised the bar on corporate liability and reorganised existing rules on tackling corruption. Adequate procedures are an essential part of the overarching ethics policy of every company.

In this new session, leading practitioners will reflect on the evolution of the "failure to prevent" model and the “adequate procedures” under section 7 and share what it means for their organisation’s compliance policy. Benefit from a unique opportunity to benchmark and to ask questions while gaining worthwhile strategic insights for confronting new challenges coming across your desk.

  • How can companies ensure that their “adequate procedures” are adequate and not just a ‘box-ticking’ exercise?
  • How the threat of the corporate offence of “the failure to prevent bribery” is now viewed by most companies that carry business in the UK
  • Key lessons learned from the judicial interpretation in Sweett Group Inc case vs. the DPA with Standard Bank plc
  • What role the culture of compliance, training, messaging and the senior management’s commitment to demonstrate adequate procedures is playing today and how companies have taken them on board
  • How industry and the community are tackling pending confusing aspects of section 7 moving forward

12:15
Compliance Brainstorming Session

Michelle Dyer
Vice President, Risk, Compliance & ESG
American Express Global Business Travel

Wassila Messaoudi
Regional Compliance Officer for Middle East and Africa Region
LafargeHolcim

Gonzalo Guzman
General Counsel | Anti-Corruption & Business Integrity Officer | Latin America
UNILEVER

Before the event, participants will be invited to answer anonymous polling questions on sensitive compliance and investigations challenges. During the conference, the polling results will be revealed, followed by practical takeaways for your daily work.

1:00
Lunch Break
2:00
SPECIAL INTERVIEW with Airbus Group General Counsel

John Harrison
Group General Counsel and Member of the Executive Committee
Airbus

Moderator:

Caroline Black
Partner
Dechert LLP

2:30
Multi-Jurisdictional Government and Internal Investigations: Critical, New Lessons on Self-Disclosure, Remote and In-Person Investigations and Cooperation with the Agencies

Joshua Drew
Former Group Chief Ethics & Compliance Officer, VEON

Giovanni Paolo Falcetta
Partner
TozziniFreire (Brazil)

Satnam Tumani
Partner
Kirkland & Ellis LLP

Benefit from a unique opportunity to ask your questions and gain worthwhile strategic insights for confronting new challenges coming across your desk. The discussion will include a special focus on the practical challenges affecting legal practitioners and compliance professionals, and how they are addressing them.

  • How to assemble the team, determine the scope and engage different departments while ensuring that there is independence in the process
  • Who should perform the internal investigation: Audit vs. Legal/Compliance?
  • When to use external resources vs. keep it in-house
  • Efficiency in staffing, discovery, technology and more
  • Mining and interpreting data during compliance monitoring, audits and investigations
  • What should go on “paper”
  • How to deal with inconclusive findings and avoid any perceptions of “an unsatisfactory” investigation
  • Fulfilling recommendations post-investigation
  • The most important factors that should drive disclosure considering recent global enforcement developments
  • How to communicate with local authorities regarding a potential violation – What protections are provided to the company?
  • The practical impact of disclosures on foreign corruption investigations: When a local disclosure can now be used against you by a foreign government
  • Balancing disclosure obligations while preserving privilege

3:30
Extra-Territorial FCPA and Fraud Enforcement: Clarifying “Agency,” and DOJ and SEC Compliance Programme and Internal Controls Expectations

Vanessa Sisti
Assistant Chief, FCPA Unit
Fraud Section, Criminal Division U.S. Department of Justice

Leslie R. Backschies
Chief, International Corruption Unit
Federal Bureau of Investigation

Moderator:

William J. Stuckwisch
Partner
Kirkland & Ellis LLP

  • Update on investigations and prosecutions amid Covid-19
  • “Agency” post-Hoskins: The scope of individual liability risks for non-US citizens or entities
  • How the agencies evaluate “cooperation”: Trends in what meets the threshold and what doesn’t
  • When a company’s actions are enough to trigger favourable treatment under the policy vs. "aggravating circumstances,": Is there a difference between SEC and DoJ analyses?
  • Evaluation of Corporate Compliance Programmes: DoJ insights on how to interpret and apply the Guidance
  • Monitorships: Expectations of the agencies and application of DoJ’s policy
  • Voluntary Disclosures: Is DoJ continuing to see an increase in self-disclosures post-Pilot Program?
  • Insights on privilege and disgorgement
  • How the SEC and DOJ coordinate with foreign governments

4:30
Conference Adjourns

Day 2 - Wednesday, September 16, 2020

9:00
Opening Remarks from the Co-Chairs
9:05
SPECIAL KEYNOTE ADDRESS

John Penrose MP
Prime Minister's Anti-Corruption Champion

9:35
AML AND POCA ENFORCEMENT POST-BREXIT: Status Report on Agency Expectations, Priorities, Cooperation, and More

Elizabeth Baker
Head of the Proceeds of Crime and International Assistance Division
Serious Fraud Office (SFO)

Nick J. Stevens
Head of Economic Crime
Metropolitan Police, UK

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Debbie Price
Deputy Director
National Economic Crime Centre, NCA

Moderator:

Stuart Alford

Stuart Alford QC
Partner
Latham & Watkins LLP

  • What are the priorities of fighting financial crime and tax evasion post Brexit?
  • How agencies are preparing for the potential adverse effect of Brexit on investigations and prosecutions – in terms of resources, management, and speed of cases
  • How the agencies evaluate “cooperation” and “voluntary disclosure”: Trends in what meets the threshold and what doesn’t
  • How recent cases affect the future of POCA enforcement, including privilege and settlements
  • How the agencies will coordinate with foreign governments moving forward
  • The agencies expectations on adequate procedures to prevent economic crime

10:30
Break
11:00
WORLD BANK AND MDB DEBARMENT

Chiawen Kiew
Associate Director, Investigations
European Bank for Reconstruction and Development (EBRD)

Alexandra Malina Manea
Legal Counsel, Office of Suspension and Debarment
The World Bank

Duncan Smith
Deputy Head of Fraud Investigations
The European Investment Bank (EIB)

Where Industry is Falling Short of the Integrity Compliance Expectations: World Bank, Asian Development Bank, EBRD, and African Development Bank Perspectives

  • Recent activities and investigations conducted by multilateral development banks for corruption allegations
  • How do the banks define risk factors?
  • What do recent investigations reveal, and what new lessons compliance professionals can draw
  • How are the banks involved, how are the investigations conducted, and what are the potential results?
  • The list of applicable sanctions
  • Potential cooperation and coordination between banks and national authorities

12:00
Achieving Programme Effectiveness and Efficiencies: How Companies and Financial Institutions Are Strengthening AML, Fraud, Sanctions and More Compliance Risks
Joe Smith

Joe Smith
Director, Global Financial Crime Counsel
Barclays Bank PLC

DovastonTracey

Tracey Dovaston
Partner
Boies Schiller Flexner LLP

  • Internal Controls: What recent investigations and prosecutions have revealed about areas of risks and weak spots, and how they have affected overall industry compliance efforts
  • How have companies been conducting risk assessments, and what types of risks have been identified?
  • Where anti-corruption, AML, KYC, FCA reporting obligations overlap and how to establish an adequate defence
  • How companies are ranking and managing interrelated risk factors
  • When corporate vehicles, non-disclosed schemes, or hidden structures become illegal and risky for the organisation?
  • Strengthening compliance controls processes towards addressing a variety of risks and ensure that it delivers

1:00
Lunch Break
2:00
Corporate Governance Corner
Lucy Cox

Lucy Cox
European Legal Counsel
KKR Credit

Helen Croke

Helen Croke
Partner
Ropes & Gray

Gaon Hart
Global Anti-Bribery & Corruption Policy & Education Lead
HSBC

  • The latest approaches used by investors to identify and measure new, emerging risk factors
  • What risk management practices are deemed satisfactory for a positive investment decision – and what aren’t?
  • What “investor value” means for investors and how it is assessed and measured
  • What checks and audits investors conduct on target evaluate a strong and sustainable ethical culture
  • Scenarios that can lead to divestments, observation, and exclusion of companies
  • What powers investors must refer a target company to the local authorities

 

3:00
GDPR “NAIL BITERS”

William Long
Partner
Sidley Austin LLP

Gain practical know-how for getting GDPR right and reducing the risk of big-ticket penalties. Four significant cases include:

  • Google vs. The French Data Regulator (CNIL)
  • Centro Hospitalar Barreiro Montijo vs. The Portuguese Data Protection Authority or DPA (CNPD)
  • Knuddels.de vs. The State Commissioner for Data Protection and Freedom of Information Baden-Wuerttemberg (LfDI) in Germany
  • The Austrian DPA (DSB) vs. an Unnamed Limited Liability Company

4:00
Conference Concludes

Workshop A — A Deep Dive into the Grey Areas of the FCPA, UKBA, Sapin II, and German Law: Inside the Hidden, Unwritten Lessons for Individual and Corporate Risk Mitigation

Sep 14, 2020 8:30am – 12:00pm

Nicole Willms
Partner
POHLMANN & COMPANY, Germany

Polly Sprenger
Partner
Addleshaw Goddard LLP, UK

Emmanuel Breen
Counsel
Laurent Cohen-Tanugi Avocats

William Barry
Partner
Miller & Chevalier

What is it about?

At this practical session, expert faculty members will delve into the complexities and grey areas of the FCPA, UKBA, Sapin II, and German. They will focus on crucial real-life lessons for the industry moving forward as global enforcement intensifies. This working group will provide helpful insights for individual and corporate risk mitigation and how to leverage the lessons learned to enhance compliance programme better and respond to the government’s audit and investigations. Participants will benefit from smaller-group learning, enhanced Q & A, and reference materials prepared by the expert speakers. Topics will include:

The United Kingdom

  • The UK’s new Senior Managers and Certification regime
  • DPAs and Self-reporting: The balance between discounts on financial penalties and effective deterrence.
  • Approaches to individual liability and resolution for the prosecution of individuals
  • Privilege protection: When the SFO expects companies to share written notes of internal investigation interviews
  • Corporate hospitality: where businesses should draw the line between genuine hospitality and excessive generosity, which is, in effect, a bribe?
  • How much cooperation exists between the CPS, SFO, Police, NCA, HMRC, and others?

In the USA

  • Are the FCPA books and records and internal controls provisions limitless? How do you evaluate risk when dealing with SEC and DOJ interpretations that seem capable of stretching to fit the facts of every case?
  • Where is the line between goodwill and bribery? How do you measure the nexus between the provision of something of value and obtaining or retaining business?
  • Who am I? The unique challenges faced by foreign private issuers under the FCPA.

Germany

  • The expansion of bribery offences, e.g., by the so-called business owner model (Geschäftsherren-modell) and specific corruption regulation in the healthcare sector.
  • Increased personal responsibility for compliance matters – Increasing the number of lawsuits and judgments on compliance duties and failures of executive bodies.
  • Introduction of “Corporate Criminal Liability” under the Ministerial draft on the Law of Combating Corporate Crime ("Verbandssanktionengesetz"): What would be the most important consequences for corporations if the draft comes into force?
  • The particular form of "compliance instructions," the certification by "an external body," procedural flexibility such as DPAs

France

  • Key takeaways of the new CJIP Guidelines – what are the French authorities’ expectations of companies? What are the questions still unanswered?
  • AFA’s Enforcement Practices – What does the AFA Sanctions Committee expect? What practices are in breach of the Sanctions Committee’s view?
  • Merger & Acquisition Guidelines published by the AFA – due diligence methodology would be adopted throughout M&A transactions.
  • The reform of the French Blocking Statute, what is the current uncertainty on the content and calendar of the change.

Workshop B — Third Party & Supply Chain Management Roadmap: How (and How Not) to Vet, Onboard, Monitor and Audit Contract Performance, Payments and Compliance in High-Risk Markets

Sep 14, 2020 1:00pm – 4:30pm

Rhibetnan Yaktal
Global Head of Compliance
Puma Energy

Artur Nagapetyan
Vice President, Head of Compliance International Markets
Teva Pharmaceuticals

Tony Charles
Chief Client Officer
STEELE Compliance Solutions, Inc. (U.S.)

What is it about?

At this practical, industry-driven working group, expert speakers will discuss how companies are using a tiered due diligence approach based on the appropriate risk level and type of the third party in question. The session will discuss the onboarding process, the continued monitoring throughout the life of the relationship, how to re-evaluate your risk ranking approach, and manage the costs of a robust third party programme.

Recent settlements have seen companies admitting payments to politically-connected individuals and falsifying books and records to conceal payments to vendors associated with politicians.
Don’t miss this worthwhile opportunity to upgrade your best practices. Discover how your approach to managing high stakes risks compares to your peers, and benefit from essential takeaways for your work. There will be ample time for Q & A, so please bring your questions!

  • How far you need to go in vetting 1st, 2nd, 3rd, 4th, and lower third parties
  • How to incorporate adequate front-end vetting and screening protocols based on the type of relationship and interests represented by the third party
  • Developing a model that stratifies your risk based on third parties — and how to perform due diligence accordingly
  • What you need in a questionnaire for third parties
  • Addressing resistance to follow-up questions after an initial questionnaire
  • Impact of GDPR on the third party due diligence
  • How much due diligence is enough: How to know if your approach is genuinely "risk-based."
  • Unique challenges associated with critical types of third parties for your global business
  • When and how much due diligence to perform for an ongoing, existing third party relationship
  • Understanding the local business environment, customs, and practices
  • What to do with information uncovered during the vetting process: How to evaluate red flags
  • When should the relationship be approved, and who should approve it?
  • Making the decision regarding which parties to use/not use: “On the Ground” obstacles to monitoring third party conduct
  • Contract and administration management: what is the scope of services in the contract?
  • Contract performance and payments: the importance of the "proof of services."
  • Audit rights and compliance training for third parties — how often should they be performed?
  • Suspension of payments and services for suspected breach of compliance requirements
  • Where multinationals are most at risk and how to implement an effective global internal system of controls
  • Special considerations for exercising audit rights
  • When and how much to train third parties