Agenda
- Jump to:
- At a Glance
- Day 1
- Day 2
- Add-Ons
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
Jun 23, 2020 8:30am – 12:30pm
Speakers
Nicole Willms
Partner
POHLMANN & COMPANY, Germany
Nichola Peters
Partner
Addleshaw Goddard LLP
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
Jun 23, 2020 1:00pm – 5:00pm
Speakers
Rhibetnan Yaktal
Global Head of Compliance
Puma Energy
Artur Nagapetyan
Vice President, Head of Compliance International Markets
Teva Pharmaceuticals
Special Pre-Conference Primer: The Top 10 Most Significant Global Anti-Corruption Cases in the Last 12 Months
Jun 23, 2020 5:00pm – 7:00pm
Speakers
Hayley Ichilcik
Partner
Morrison & Foerster (International) LLP, UK
Mark F. Mendelsohn
Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP (U.S)
Day 1 - Wednesday, June 24, 2020
| 7:45 |
Registration & Welcome Coffee |
| 8:30 |
Opening Remarks from the Co-Chairs |
| 8:45 |
UKBA KEYNOTE ADDRESS AND Q&A |
| 9:30 |
CORPORATE CULTURE & EMPLOYEE BEHAVIOUR |
| 10:30 |
Networking Break |
| 10:45 |
FCPA PROSECUTIONS ACROSS THE POND |
| 12:00 |
COMPLIANCE BRAINSTORMING SESSION |
| 12:45 |
NETWORKING LUNCHEON FOR ATTENDEES AND SPEAKERS |
| 1:45 |
SPECIAL INTERVIEW with Airbus Group General Counsel |
| 2:15 |
ADEQUATE PROCEDURES: 10 LESSONS IN 10 YEARS The Unwritten Do’s and Don’ts for Adequate Procedures under the UKBA: Concrete Examples of What Does (and Doesn’t) Measure Up. |
| 3:15 |
Networking Break |
| 3:45 |
INTERNATIONAL PROSECUTORS TOWN HALL |
| 4:45 |
CLOSING TOWN HALL |
| 5:45 |
Conference Adjourns & Cocktail Reception |
Day 2 - Thursday, June 25, 2020
| 8:00 |
Registration & Welcome Coffee
|
| 9:00 |
Opening Remarks from the Co-Chairs |
| 9:15 |
SPECIAL KEYNOTE ADDRESS |
| 9:45 |
AML AND POCA ENFORCEMENT POST-BREXIT
|
| 10:45 |
Networking Break |
| 11:15 |
SPECIAL INTERVIEW |
| 11:45 |
WORLD BANK AND MDB DEBARMENT |
| 12:45 |
Networking Luncheon for Attendees and Speakers |
| 1:45 |
COMPLIANCE STRATEGY SESSION |
| 2:45 |
Afternoon Networking Break |
| 3:00 |
INVESTORS & CORPORATE GOVERNANCE CORNER |
| 4:00 |
GDPR “NAIL BITERS” |
| 5:00 |
Conference Concludes
|
Day 1 - Wednesday, June 24, 2020
| 7:45 |
Registration & Welcome Coffee |
| 8:30 |
Opening Remarks from the Co-Chairs Sir David Green QC  Tracey McDermott |
| 8:45 |
UKBA KEYNOTE ADDRESS AND Q&AThe UK Bribery Act Year in Review: Important Updates on Enforcement Trends, DPAs, Multi-Jurisdictional Coordination and Priorities Moving Forward |
| 9:30 |
CORPORATE CULTURE & EMPLOYEE BEHAVIOUR Lori Reber  Luis Cuevas Mikael Karlsson MODERATOR Nathan H. Seltzer Sustaining a Culture of Compliance and Integrity: What It Truly Takes to Drive Good Behaviour, Programme Implementation, Innovative Employee Training, and Messaging During this highly anticipated session, expert speakers will share their experiences and lessons learned for fostering an ethical corporate culture amid challenging circumstances, including enforcement action, merger, uncertainty in emerging markets, and more.
|
| 10:30 |
Networking Break |
| 10:45 |
FCPA PROSECUTIONS ACROSS THE POND William J. Stuckwisch Extra-Territorial FCPA Enforcement Post-Hoskins: Clarifying “Agency,” and DOJ and SEC Compliance Programme and Internal Controls Expectations
|
| 12:00 |
COMPLIANCE BRAINSTORMING SESSION Michelle Dyer  Christopher Wright  Gonzalo Guzman 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. |
| 12:45 |
NETWORKING LUNCHEON FOR ATTENDEES AND SPEAKERS |
| 1:45 |
SPECIAL INTERVIEW with Airbus Group General Counsel John Harrison |
| 2:15 |
ADEQUATE PROCEDURES: 10 LESSONS IN 10 YEARS 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  Dylan G. Moses  Gaon Hart  Tapan Debnath 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.
|
| 3:15 |
Networking Break |
| 3:45 |
INTERNATIONAL PROSECUTORS TOWN HALL Joshua Drew  William Marsh  Satnam Tumani Enforcement Officials Discuss Multi-Agency Information Sharing, Privilege, Self-Reporting, Global Settlements-and Take Your Questions The participants will gain further insights on cross-agency coordination in global investigations and compliance expectations, along with an unparalleled opportunity to ask questions to a panel of enforcement officials. |
| 4:45 |
CLOSING TOWN HALLThe participants will gain further insights on cross-agency coordination in global investigations and compliance expectations, along with an unparalleled opportunity to ask questions to a panel of enforcement officials. (Submit your questions anonymously to townhall@c5-online.com) |
| 5:45 |
Conference Adjourns & Cocktail Reception |
Day 2 - Thursday, June 25, 2020
| 8:00 |
Registration & Welcome Coffee
Laurence Perrin-Rees  Fintan Byrne  John Upton The Compliance Officer Meet & Greet* is smaller-group networking and benchmarking exclusively designed for Compliance Officers or other Corporate Officers who hold similar titles with the same scope and level of job responsibilities. Participants will, once again, engage in discussion and best practices sharing on a broad range of compliance challenges, ideas, dilemmas including risk assessment, anti-corruption, GDPR, behavioral compliance, corporate governance, cybersecurity, AML threats, and emerging risks.
|
| 9:00 |
Opening Remarks from the Co-Chairs |
| 9:15 |
SPECIAL KEYNOTE ADDRESS |
| 9:45 |
AML AND POCA ENFORCEMENT POST-BREXIT
|
| 10:45 |
Networking Break |
| 11:15 |
SPECIAL INTERVIEW |
| 11:45 |
WORLD BANK AND MDB DEBARMENT Chiawen Kiew  Alexandra Malina Manea  Duncan Smith Where Multinationals and Contractors are Falling Short of the Integrity Compliance Expectations: World Bank, Asian Development Bank, EBRD and African Development Bank Perspectives
|
| 12:45 |
Networking Luncheon for Attendees and Speakers |
| 1:45 |
COMPLIANCE STRATEGY SESSIONTracey McDermott  Joe Smith PANEL MODERATOR Tracey Dovaston Achieving Programme Effectiveness and Efficiencies: How Companies and Financial Institutions Are Leveraging Anti-Bribery Controls to Strengthen AML, Fraud, Sanctions and More Compliance Bases
|
| 2:45 |
Afternoon Networking Break |
| 3:00 |
INVESTORS & CORPORATE GOVERNANCE CORNER Lucy Cox  Helen Croke Investor Expectations for Anti-Bribery Compliance, Transparency and Good Governance: Sovereign Wealth Fund and PE Executives Discuss Changes to Investment Decision-Making and Priorities
|
| 4:00 |
GDPR “NAIL BITERS”Julie Varcoe-Cocks  Judy Krieg During this interactive session, participants will learn how the industry is addressing the very grey areas of GDPR compliance. Gain practical know-how for getting GDPR right and reducing the risk of big-ticket penalties. Four significant cases include:
|
| 5:00 |
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
Nicole Willms
Partner
POHLMANN & COMPANY, Germany
Nichola Peters
Partner
Addleshaw Goddard LLP
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
Rhibetnan Yaktal
Global Head of Compliance
Puma Energy
Artur Nagapetyan
Vice President, Head of Compliance International Markets
Teva Pharmaceuticals
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
Special Pre-Conference Primer: The Top 10 Most Significant Global Anti-Corruption Cases in the Last 12 Months
Hayley Ichilcik
Partner
Morrison & Foerster (International) LLP, UK
Mark F. Mendelsohn
Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP (U.S)
What is it about?
Ensure that you are up-to-speed on the top 10 most significant cases over the last 12 months, along with critical updates that will lay the groundwork for the main conference discussions.
Leading defense counsel involved in some of the most significant, high profile cases will dissect critical updates and settlement trends affecting your risk calculus, compliance program, and internal investigations.
Seating is limited! Due to popular demand, we encourage you to reserve your space early. Key topics will include:
- Dissecting the top 10 most significant, surprising and impactful cases in the last 12 months
- Which industries have been under the microscope, and what recent cases reveal about the potential for new "industry sweeps."
- Recent cases impacting the future of settlements locally and globally
- Which circumstances have led to declinations, DPAs and NPAs
- Which cases have led to an SEC settlement, but a DOJ declination – and why
- What has triggered suspicion and a government investigation
- What key settlements reveal about DOJ and SEC expectations
- Trends in settlements, including penalty structures and remediation requirements
- How the agencies have applied for cooperation credit
- Insights on coordination with foreign enforcement agencies
- How to leverage the critical lessons from settlements toward effecting compliance improvements in your organisation
