Anti-Corruption Compliance and Investigations

125 Pages·2014·1.84 MB·English

Anti-Corruption Compliance and Investigations
– The Asia Challenge for US Businesses
Tuesday, July 15, 2014
Washington, DC
Norton Rose Fulbright’s capabilities
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Asia overview
Practice strengths
Antitrust and competition
Asset finance
Aviation
Banking and finance
Capital markets
Corporate, M&A and securities
Dispute resolution and litigation
Insurance
Intellectual property
International arbitration
Islamic finance
Joint ventures
Project finance
Regulation and investigations
Shipping
Telecommunications
Trade finance

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Agenda
• Introduction 5 • Indonesia 45
• United States/United Kingdom 11 – Legal Overview
– Extraterritoriality – FCPA/UKBA Comparison
– International Cooperation – Risks
– Interacting with Foreign Regulators – Cultural Challenges
• China 16 • Compliance 50
– Legal Overview – Developing a Global Program
– FCPA/UKBA Comparison – Investigations
– Risks – Local Challenges in Asia
– Cultural Challenges • Navigating Due Diligence and
• Hong Kong 28 Investigation Challenges in China 58
– Legal Overview • Appendix of Local Laws and Cases 68
– FCPA/UKBA Comparison – China 69
– Risks – Hong Kong 73
– Cultural Challenges – Singapore 83
• Singapore 38 – Indonesia 106
– Legal Overview • Publications 118
– FCPA/UKBA Comparison
– Risks
– Cultural Challenges
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Introduction
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Moderator
Richard Craig Smith
Head of Regulatory and Governmental Investigations,
United States – Partner, Washington DC
Fulbright & Jaworski LLP (Norton Rose Fulbright)

Richard Smith is a partner in the firm's Washington, D.C. office, where he is Head of
Regulatory and Governmental Investigations, United States, chair of the firm's
Global White Collar Crime and Government Investigations practice group, and the
FCPA and International Anti-Corruption practice group.
He also co-chairs the firm's International Investigations and Subprime practice
groups and he is a member of the firm's Executive Committee. His practice focuses
on complex litigation, white collar criminal defense, transactional and third party due
diligence, risk assessment, creation and review of anti-corruption policies and
procedures, and US-centric and transnational corporate internal investigations for
public and private companies.
He has extensive experience representing corporate entities, their executives and
employees in connection with grand jury investigations, civil and criminal trials and
hearings, transnational regulatory investigation and enforcement proceedings,
Fulbright & Jaworski LLP federal and state criminal prosecutions and criminal antitrust investigations and
Market Square prosecutions. He also has experience representing business entities and executives
801 Pennsylvania Avenue, NW in such civil matters as breach of contracts, tortious interference of business
Washington, DC 20004-2623 relationships, business conspiracy, fraud, criminal conversion and forum non
[email protected] conveniens. Due to his extensive experience handling high-profile matters, Richard
[phone] (o) is often called on by the national media for commentary. Among others, he has
[phone] (m) appeared on CNN, 20/20 and has been quoted in The Washington Post, The Wall
Street Journal, and Birmingham News.
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Speaker
Wilson Ang
Partner, Singapore
Norton Rose Fulbright (Asia) LLP
Wilson Ang is a dispute resolution lawyer based in Singapore. He heads up the
Singapore regulatory compliance and investigations practice.
He focuses on advising corporations on business ethics and anti-corruption
compliance programs, conducting anti-corruption due diligence reviews and
handling internal investigations involving bribery, fraud, economic sanctions and
financial services regulatory violations in the Asia Pacific region.
Wilson qualified as an Advocate and Solicitor in Singapore, was admitted to the
Solicitors’ Roll of England and Wales and qualified as a Solicitor in Hong Kong. He
became a Solicitor-Advocate and was awarded higher rights of audience in England
and Wales.
Wilson was mentioned in Chambers Asia-Pacific 2011 as providing “niche
capabilities on high-end inter-jurisdictional fraud cases,” and awarded the title of
“2011 Anti Corruption Lawyer of the Year in Singapore” by Corporate INTL
Magazine. Chambers Asia-Pacific 2012 referred to the dispute resolution team as
having “developed a significant practice in internal fraud investigation and corruption
Norton Rose Fulbright (Asia) LLP
related matters” while its 2013 edition highlighted our “experience in handling
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financial institutions and compliance issues”. Legal 500 Asia-Pacific 2013 stated
34-02 North Tower
that “Wilson Ang covers disputes involving financial institutions and is well known for
Singapore 048583
his capabilities in business ethics, and regulatory compliance and anti-corruption
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matters”. Chambers Asia-Pacific 2014 highlights our “specialist expertise in handling
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anti-corruption, energy, financial and transport issues”.
[phone] (m)

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Speaker
Sun Hong
Partner, Shanghai
Norton Rose Fulbright LLP, Shanghai

Sun Hong is a partner of the Shanghai office. She qualified in China in 1999 and
had worked for four years in the legal affairs office of a local government and five
years with PRC local law firms (practising litigation and corporate matters) before
she joined Norton Rose Fulbright in 2006.
Sun is very familiar with the regulatory regime of China through her post
qualification legal practice in both government bodies and domestic and
international law firms. She has advised multinationals on a wide range of regulatory
and compliance issues in China, conducted internal investigations, delivered
trainings in Chinese and English and provided tailored and strategic advice to
clients covering a variety of industry sectors. Sun has in-depth insight into the legal
system of China and the compliance risks encountered by multinationals doing
business in China, which makes her well positioned to advise clients on practical
solutions to address compliance risks and to deal with difficult issues when arisen.
Sun Hong has been listed by Chambers China 2014 as a notable practitioner, as
Norton Rose Fulbright LLP
having “considerable knowledge of PRC regulatory matters, and is recommended
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by clients for her practical and pragmatic approach”.
1266 Nanjing Road West
Jing An District
Shanghai 200040
[email protected]
[phone] (o)
[phone] (m)
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Speaker
David Lee
Partner, Hong Kong
Norton Rose Fulbright (Hong Kong) LLP

David Lee is a disputes and investigations lawyer based in Hong Kong.
David specialises in disputes and regulatory investigations involving financial
institutions and listed companies. He has wide experience of acting for clients in
cases before the High Courts in Hong Kong and England and Wales as well as
representing clients in HKMA, SFC, HKSE and ICAC investigations in Hong Kong
and investigations by the US DOJ/SEC and UK FCA, SFO and other agencies
internationally.
David has particular experience of cross-border disputes involving complex financial
products as well as securities and anti-corruption investigations. David’s
investigations experience has led to him being instructed by clients on compliance
issues such as designing and implementing anti-corruption policies and procedures.
David has undertaken secondments in the litigation departments of two global
banks. During those secondments, he worked on a wide range of disputes for the
Norton Rose Fulbright Hong Kong
consumer and wholesale arms of each bank and managed a portfolio of disputes
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across Asia.
1 Connaught Place,
Central Hong Kong David leads our Regulatory & Investigations group in Hong Kong and is named as a
[email protected] recommended individual in the Asia Pacific Legal 500. David joined our commercial
[phone] (o) and banking dispute resolution team in 2004 and moved to Hong Kong office in
[phone] (m) 2011.

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Speaker Sean Joyce
Principal, PricewaterhouseCoopers

Sean M. Joyce is a Principal in PwC’s Advisory Practice, where he specializes in Strategic, Risk
and Management Consulting, Cyber, Crisis Management, and Technology. Prior to joining PwC in
December 2013, he was appointed Deputy Director of the FBI in September 2011, with oversight
of 36,000 employees and an 8 billion dollar budget. With more than 26 years of service in the FBI,
Mr. Joyce brought a wide range of operational and leadership experience to this assignment.
Mr. Joyce spearheaded several strategic initiatives as Deputy Director of the FBI including “Next
Generation Cyber” which was a cross-organizational initiative to maintain the FBI’s world
leadership in law enforcement and domestic intelligence. He also established a framework to
operate and evaluate the FBI’s 56 domestic field offices. Mr. Joyce has managed sensitive
corruption investigations of Fortune 50 corporations, congressional members, Federal, state, and
local officials..
Mr. Joyce is a 2013 recipient of the Director of National Intelligence Distinguished Service Medal,
the CIA Director’s Award, the DIA’s Director Award, the FBI Meritorious Service Medal, and the
2011 Presidential Rank Award—the nation’s highest civil service award. He was a member of the
International Association of Chiefs of Police (IACP) Executive Committee, previously serving as
chairman of the IACP Committee on Terrorism, and served on the Intelligence and National
Security Alliance’s Homeland Security Intelligence Council. Mr. Joyce met regularly with
1800 Tysons Boulevard congressional leaders, senior members of the White House National Security team, Cabinet
officials, and briefed the President of the United States on several occasions. Also, on a routine
Mclean, VA 22102-4261
basis, he met with visiting dignitaries from nations throughout the world. He has traveled
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extensively throughout the world and presented on various matters related to National Security,
703.918.3528 (o)
Corruption, Counterterrorism, Intelligence, and Law Enforcement.
A Boston native, he holds degrees from Boston College and Dartmouth’s Amos Tuck School of
Business.
PwC