Webcast – FCPA Trends in Emerging Markets of China, India, Middle East and Africa

March 26, 2014

​The Middle East and African countries have experienced robust economic growth in recent years. China and India continue to attract significant foreign investments despite the global economic downturn. Virtually all multi-national corporations have entered or are entering these markets because of their vast natural resources, enormous consumer base and significant infrastructure development coupled with lower labor and sourcing costs. Yet the notable growth in these economies is concentrated in industries where fraud and bribery are prevalent. Transacting business with the large government sectors and navigating the complexities of the bureaucratic regulatory frameworks in these nations present significant challenges and risks. Join our team of experienced international anti-corruption attorneys to learn more about how to do business in China, India, the Middle East and Africa without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act.

Topics discussed include:

  • A brief overview of the Foreign Corrupt Practices Act and the DOJ and SEC’s enforcement activities in 2013;
  • Recent FCPA enforcement actions brought by the DOJ and SEC involving business activities in China, India, the Middle East and Africa;
  • Analysis of the Financial Year 2013 Annual Report on the Dodd-Frank Whistleblower Program with regard to tips received from emerging market countries;
  • Chinese, Indian, Middle Eastern and African domestic anti-corruption efforts, including increasing local enforcement against private companies and multi-national corporations;
  • Overview of anti-corruption laws in Asia, the Middle East and Africa;
  • Corruption risk factors in China, India, the Middle East and Africa, including cultural context and history;
  • A discussion of the Indian Lokpal and Lokayuktas Bill (2011) and proposed changes to the Prevention of Corruption Act, which have broad implications for the private sector;
  • The continuing corruption crackdown by Chinese enforcement agencies and what it means for multi-national corporations;
  • Practical tips and advice for ensuring compliant business in China, India, the Middle East and Africa.

This presentation is a follow-on to our January 14, 2014 webcast titled FCPA Trends in the Emerging Markets of China, India, Russia, the Middle East and Africa. At client request, we have set this broadcast to accommodate participants in the Asia, Middle East and Africa time zones. The panelists will go into greater depth on AMEA risks and developments, and will be happy to take questions from across the region.

PANELIST:

Kelly Austin — Partner in Gibson Dunn’s Hong Kong office specializing in government and internal investigations, regulatory compliance, and international disputes. Ms. Austin has extensive expertise in corporate internal investigations, including those involving the Foreign Corrupt Practices Act, and in creating and implementing effective compliance programs. Ms. Austin was named the “Best Lawyer” for the third year running in the Corporate Governance category of the 2013 Asia Women in Business Law Awards; is ranked by both Chambers Asia Pacific 2013 and Chambers Global 2013 as a leading lawyer in the category “Dispute Resolution: Anti-Corruption: China”; is recommended by PLC Which Lawyer? 2012 as a leading lawyer in the field of “China and Hong Kong: Corporate Crime, Fraud and Investigations”; and was named to Asian Legal Business’ 2010 Hot 100, which recognizes Asia “lawyers who have risen above the rest in the most challenging of years for legal markets across Asia.”