Markets

Webcast: FCPA Traits within the Rising Markets of Asia

September 27, 2022

As the worldwide economic system step by step emerges from the COVID-19 pandemic, lawmakers and regulators in Asia proceed to confront the aftermath of the pandemic and the challenges it presents to anti-corruption enforcement. On this webcast, we’ll discover the approaches taken by Asian nations to deal with the present atmosphere and look at the present tendencies in FCPA and native anti-corruption enforcement, with a deal with Asia.

In China, whereas the federal government continues to crack down on bribery within the monetary and the healthcare sectors, the anti-corruption marketing campaign has expanded to embody an more and more broader swath of the nationwide economic system, such because the semiconductor business and the insurance coverage business. The company felony compliance regime in China has quickly developed in 2022, with further nationwide authorities becoming a member of the Third-Social gathering Supervision and Analysis Mechanism, which has been utilized in over 1,000 circumstances since its launch in 2021. India has seen a lot of high-profile corruption circumstances, together with enforcement actions within the transportation and biotechnology sectors. And whereas Korea has seen a drastically elevated deal with rooting out corruption in its private and non-private sectors, residents wonder if precise change is feasible as high-profile officers and executives proceed to obtain pardons for previous, headline-grabbing misconduct.

Whereas home politics and legislative amendments have made it tougher to start and full anti-corruption enforcement actions in sure markets, current circumstances underscore the compliance dangers of doing enterprise of in lots of Asia’s greatest markets. Be part of our crew of skilled worldwide anti-corruption attorneys to study extra about tips on how to do enterprise in China, India, Korea and different nations in Asia with out operating afoul of anti-corruption legal guidelines, together with the Overseas Corrupt Practices Act (“FCPA”).

Subjects mentioned embody:

• An summary of FCPA enforcement statistics and tendencies for 2022;
• The corruption panorama in Asia, together with current headlines and scandals;
• Classes realized from native anti-corruption enforcement in China, India, Korea, and South East Asia;
• Key anti-corruption, information privateness and regulatory compliance adjustments throughout Asia; and
• Mitigation methods for companies working in Asian markets.

View Slides (PDF)



PANELISTS:

Kelly Austin leads Gibson, Dunn & Crutcher’s White Collar Protection and Investigations apply for Asia, is a world co-chair of the Agency’s Anti-Corruption & FCPA apply, and is a member of the Agency’s Govt Committee. Ms. Austin is ranked yearly within the top-tier by Chambers Asia Pacific and Chambers World in Company Investigations/Anti-Corruption: China. Her apply focuses on authorities investigations, regulatory compliance and worldwide disputes. Ms. Austin has intensive experience in authorities and company inner investigations, together with these involving the FCPA and different anti-corruption legal guidelines, and anti-money laundering, securities, and commerce management legal guidelines.

Oliver Welch is a companion within the Hong Kong workplace, the place he represents shoppers all through the Asia Pacific area on all kinds of compliance and anti-corruption points and commerce management legal guidelines. Mr. Welch frequently counsels multi-national firms concerning their anti-corruption compliance packages and controls, and assists shoppers in drafting insurance policies, procedures, and coaching supplies designed to foster compliance with world anti-corruption legal guidelines. Mr. Welch steadily advises on anti-corruption due diligence in reference to company acquisitions, personal fairness investments, and different enterprise transactions.

Karthik Ashwin Thiagarajan, an of counsel within the Singapore workplace, assists shoppers with investigations within the monetary providers, info expertise, electronics and fast-moving client items sectors in India and Southeast Asia. He advises shoppers on inner investigations and anti-corruption critiques within the area. A consumer praised him for being “on prime of his commerce” within the India Enterprise Legislation Journal’s 2019 “Leaders of the pack” report.

Ning Ning, an affiliate within the Hong Kong workplace, advises shoppers on authorities and inner investigations, compliance counseling, and compliance due diligence issues throughout the Asia-Pacific area. Ms. Ning has represented shoppers earlier than the U.S. Division of Justice (DOJ) and the U.S. Securities and Change Fee (SEC) involving potential violations of the U.S. Overseas Corrupt Practices Act (FCPA), securities legal guidelines, and different white collar protection issues. Ms. Ning frequently advises shoppers on inner investigations regarding allegations of corruption, fraud, and accounting irregularities. Ms. Ning additionally counsels shoppers on designing and constantly enhancing their anti-corruption and compliance packages, and on anti-corruption and compliance threat assessments.


MCLE CREDIT INFORMATION:

This program has been accredited for credit score in accordance with the necessities of the New York State Persevering with Authorized Schooling Board for a most of 1.5 credit score hour, of which 1.5 credit score hour could also be utilized towards the areas {of professional} apply requirement. This course is accredited for transitional/non-transitional credit score.

Attorneys looking for New York credit score should receive an Affirmation Type previous to watching the archived model of this webcast. Please contact CLE@gibsondunn.com to request the MCLE type.

Gibson, Dunn & Crutcher LLP certifies that this exercise has been accredited for MCLE credit score by the State Bar of California within the quantity of 1.5 hour.

California attorneys might declare “self-study” credit score for viewing the archived model of this webcast. No certificates of attendance is required for California “self-study” credit score.

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