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

January 13, 2014

​The Middle East and African countries have experienced robust economic growth in recent years. China, India, and Russia 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, Russia, and the Middle East and Africa without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act.

Topics to be 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, Russia, and 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, Russian, and 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, Russia, and the Middle East and Africa;
  • Corruption risk factors in China, India, Russia, and 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;
  • Dealing with state-owned enterprises in Russia and the Commonwealth of Independent States, and the challenges involved in using Russian distributors; and
  • Practical tips and advice for ensuring compliant business in China, India, Russia, and the Middle East and Africa.

Our Panelists:

F. Joseph Warin — Co-Chair of the firm’s White Collar Defense and Investigations practice and former Assistant United States Attorney in Washington, D.C. Mr. Warin has been ranked as a leading FCPA, white collar criminal defense, securities compliance and enforcement attorney by 2013 Chambers USA: America’s Leading Lawyers for Business, 2006 – 2013 Best Lawyers in America, and named a Top Lawyer for Criminal Defense by Washingtonian magazine and a White Collar Law MVP by Law360. Mr. Warin’s areas of expertise include white collar crime and securities enforcement, including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling, and complex civil litigation. He has conducted FCPA investigations relating to business in 35 countries around the globe and is the only person to have served as the FCPA compliance monitor, or U.S. counsel to the FCPA compliance monitor, in three different FCPA monitorships. He routinely represents global companies, advising them on anti-corruption compliance, with a special focus on matters involving China and the Far East.

Benno Schwarz — German-qualified partner in Gibson Dunn’s Munich office with extensive experience in corporate anti-bribery compliance, including FCPA and the UK Bribery Act, as well as Russian law. This includes planning and implementation of internal corporate investigations nationally and internationally, advising on the structuring, implementation and assessment of compliance management systems and the representation of companies before domestic and foreign authorities during associated criminal and administrative proceedings. Along with the Gibson Dunn Munich office’s White Collar Defense and Investigation team, Mr. Schwarz is recommended for compliance investigations by the JUVE Handbook 2011/2012. Mr. Schwarz speaks German, English and is a state-certified translator (IHK) for Russian, which makes it possible for him to carry out transactions and internal investigations in all three languages.

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."