Anti-Corruption Compliance Programs in China 2015

EXHIBITOR'S PROFILE:

Anti-Corruption Compliance Programs in China

WEDNESDAY, JANUARY 28, 2015

7:15 Registration Begins

8:30 Opening Remarks from Co-Chairs

8:45 Controlling Corruption Risks Post ChinaWhys: How to Conduct an Effective Risk Assessment and Probe Weak Spots in your Program

• How program reviews differ from financial audits and SOX testing
• Identifying and mapping relevant China-specific risks including: gifts and entertainment, third-parties, data acquisition, compensation and incentives
• Money-saving methods: mini-audits, technology shortcuts, and other tools to stretch resources
• Who, what, when: staffing, scope and frequency of anticorruption testing
• How China’s reputation for corruption affects the risk assessment process
• Creating and maintaining a compliance risk assessment tool adapted to your industry risk factors
• Evaluating quantitatively and qualitatively risks and creating appropriate audit trail
• How to avoid common pitfalls while conducting a risk assessment

9:30 500 Million Users and Counting: How The Explosion of Social Media Activity in China Is Impacting Corporate Compliance

• How social media, blogs, we-chats and industry groups are serving as a form of checks and balance and how to minimize PR risks instigated through social media
• Understanding the risks of public censure and its role in sparking an investigation
• Identifying and using in-house resources as a quick response and synchronizing messages conveyed by the company across media outlets, corporate communications and outside counsel
• Minimizing negative PR impact on management, employees and other interested parties: customers and third parties
• How to prepare for collateral damage associated with high-profile investigations in Chinarty

10:15 Coffee/Tea Break

10:30 Know your “Pinyin” from your “Yi Er San”: How to Reconcile Books and Records Requirements with Strict Chinese Accounting Principles

• How books and records can lead to anti-corruption charges
• How to develop and maintain internal accounting controls that protect against off-book accounts, disbursements and other unauthorized payments and fraud
• What are the rigorous invoicing requirements and how to follow through record keeping and certifications?
• How to minimize risks with partial disclosure and consulting contracts
• How to document, detect and develop a monitoring process to verify employee expenses, reimbursement approvals and fake fapiao invoices
• To what extend you should document the expenses: striking a balance between compliance and protecting your own business interests
• How to account for activities such as marketing expenses, donations, conferences, charity, rebates
• How to use internal audits to ensure employees comply with the requests approved by compliance department

11:15 Guilt or Shame? Understanding what Motivates your Employees to Report Wrongdoing and How to Foster a “Speak-Up” Culture

• How to establish a culture of trust and transparency within the company
• How to address employee concerns regarding maintenance of good reputation and harmonious relationships
• How to promote open and fair communication — breaking down the hierarchy, rewarding transparency
• How to minimize fear of retaliation and what protections do whistleblowers have?
• How to design an internal reporting system and establish frequent communication across departments

12:00 What if your Employees are the Risk? How and When to use HR as a Gatekeeper in Anti-Corruption Compliance

• What recent government probes reveal about potential enforcement risks regarding company employees and executives and what is expected of employee screening
• How to screen candidates for high-level positions to identify public officials and politically exposed persons?
• How to handle Chinese data protection laws and records on employee vetting and disclosure

12:45 Networking Luncheon for Attendees and Speakers

14:00 What to Do When you Identify a Compliance Weakness: Effective Strategies for Internal Investigations and Remediation

• Assembling the team: When HR, legal and audit departments should handle incidents of misconduct
• How to determine the scope of an internal investigation and the action plan
• How to overcome Chinese information gathering barriers
• When and how to communicate with Chinese authorities regarding a violation? How much are you legally required to do?
• China has no privilege protection — What are the consequences of cooperation with the government?
• Employment decisions: which employees to terminate, which to rehabilitate and how
• Customers: what and when make disclosures to customers
• Agents: terminating problematic agents, engaging new ones
• Responding to Chinese government inquiries resulting from US or UK disclosures
• Analysis of the Morgan Stanley Case

14:45 The Delicate Art of Gift-Giving and Entertainment Policies in China: How to Balance Politeness, Guanxi and the Letter of the Law

• What is reasonable vs. customary and who decides where the line is drawn?
• When hospitality can be considered promotion, demonstration or explanation of products and services?
• How to handle new types of emerging non-cash incentives: decreasing hotel rates, allowing family members to enter their
  company, jobs for children and relatives of government officials
• How to establish a strong approval system
• How to communicate to Headquarters about Chinese gift culture and business norm, to implement reasonable gift policy that fits the Chinese business culture
• Examples of gifts, entertainment, advantages that are considered acceptable or unacceptable in China

15:30 Networking Refreshment

15:45 Top-Down: How to Ensure Accountability and Establish Clear Leadership for Your Compliance Program

• Who should be the leader and be accountable for the compliance program and for implementing adequate compliance procedures — e.g. legal, compliance, audit or by itself?
• How to get a clear commitment from senior management to implement an effective ethics policy
• Ensuring comprehensive reporting, clear accountability and full and effective oversight by top decision makers
• Identifying other functions in the company who can — and must — help
• How to set up optimum reporting lines within the company
• How to establish a code of conduct and clearly articulate compliance procedures within the business
• Knowing when to escalate an issue to headquarters
• How to set up a satellite person in the business team to report to you about the compliance status
• What kind of disciplinary measures should be taken to hold non-compliant employees accountable?

16:30 Lost in Translation? How to Tailor Training and Communication for the Chinese Culture and Language

• How to overcome the language barrier while training employees
• How to provide training on multiple jurisdictions e.g. China, UK, US?
• How to organize effective training: online, ongoing guide, sit-down training sessions or combination
• Tailoring anti-bribery training to the company: how to develop a curriculum that reflects your industry and company’s risk areas
• How to balance headquarters and local office engagement in training
• Getting local employees involved in the design of training materials
• How to monitor if the training is effective
• Creating and conducting effective train-the-trainer sessions

17:00 Explosion of Anti-Trust Investigations in China: How Regulations and Compliance Programs Converge

• How PRC anti-monopoly enforcement relates to current China anti-bribery enforcement
• How to update compliance programs to cover both anti-trust and anti-bribery regulations?
• How multinational companies can assess whether or not to adjust pricing strategy to minimize enforcement risk
• What lessons can be learned from the most recent cases

17:30 Seminar Concludes