| Conference Day Two |
| Thursday, 16 September 2010 |
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| 08:30 |
Refreshments |
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| 09:00 |
Chairman’s opening remarks
Scott Lane, CEO, RED FLAG GROUP
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| 09:15 |
What should be considered before building an effective anti-corruption programme? |
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- The different ways to analyse and understand corruption and fighting it
- How does corruption operate in the countries the business is active in?
- Linking the business model and type to effective anti-corruption strategy
- Understanding the experience on the ground of commercial and procurement professionals
- What do senior managers need to think about to build a good working group?
Deslie Billich, Senior Lecturer, Corruption and International Relations, Law Department, FLINDERS UNIVERSITY
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| 10:00 |
Psychological profiles: Is everyone susceptible to bribery? |
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- Understanding the fundamental driving forces to corruption
- The different motivations driving people to accept and give bribes
- The extent of the influence of environment and opportunity
- How does fraud and corruption often start?
- Tools for deterring people who are motivated by different things
Humberto Aguilar, Convicted Money Launderer, MONEY LAUNDERING INTERNATIONAL
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| 10:20 |
Addressing the concerns of top management about compliance programmes |
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- The factors that affect how much budget a CEO gives to compliance departments
- How much detailed information is enough to put a CEO’s mind at rest?
- The countries that give them cause for concern
- Marrying compliance and business interests in an effective compliance progamme
Frank Schmidt, Vice President & Compliance Officer Asia-Pacific, SIEMENS |
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| 10:50 |
Morning coffee |
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| 11:20 |
Structuring compliance processes: Compartmentalisation vs. integration |
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- What are the different ways that compliance can be structured?
- In what situations would you need a Head of Financial Crime function?
- The departments that should be included early on
- Understanding the benefits of separate codes for fraud, corruption and money laundering
- Is it better for compliance to report to the CEO or to the Audit Committee?
- Using independent routes such as hotlines and auditors
Duc Trang, Lead Commercial Counsel AP, MOTOROLA ELECTRONICS PTE LTD
Katharine Bostick, Senior Director, Legal & Corporate Affairs, Asia Pacific, Greater China, Japan & India, MICROSOFT
Emma Worthington, Global Compliance Officer, Australia and SE Asia, SAP
Mariam John, Senior Business Leader, Global Compliance, VISA
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| 12:00 |
How can management prove they have encouraged employee buy-in to the Code of Conduct? |
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- Management support of employees that encourages loyalty to the values
- Red flags vs. corruption training – where does the balance lie?
- The penalties that deter employees most
- Is zero tolerance a good anti-corruption policy?
- The power of anonymity – hotlines and questionnaires
- Giving employees a chance to come forward before the need for whistle blowing
Mala Nagindas, MMD Healthcare Compliance Director Asia-Pacific, JOHNSON & JOHNSON MEDICAL
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| 12:30 |
Dealing with difficult due diligence decisions |
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- What sort of decisions cause problems?
- How far should you go to fulfil requirements?
- How can different types of decision be approached?
- Handling partners when the process becomes complicated by difficult decisions
- Which documents will investigators expect to see?
- What can be done to keep due diligence costs down?
John Bradfield, Regional Compliance Counsel, Asia Pacific, SYNGENTA
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| 13:00 |
Lunch |
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| 14:20 |
Advising employees on “how to win friends and influence people (who happen to be government officials)” without breaking the law |
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- Different and unexpected types of government officials
- What are the common questions with regard to government official GTE policy?
- Dealing in countries where requests for facilitation payments are likely, including practical guidance for field employees on how to deal with approaches for bribes or facilitation payments
- Advice on funding government provided services and providing product for government events
- What should employees do if asked for an improper payment and they fear arrest?
- How to appropriately provide sales incentives to employees of State Owned Enterprises (SOEs)
Doug Fremont, Senior Counsel, Global Compliance, DIAGEO
Nathaniel Edmonds, Assistant Chief, Criminal Division, in charge of the Fraud Section, US DEPARTMENT OF JUSTICE
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| 15:10 |
Ensuring that risk assessment of third parties is active and pragmatic
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- Complying with and mitigating the risks posed by anti-corruption and anti-money laundering legislation
- Navigating risk in unfamiliar markets in South & SE Asia
- Assessing the risks associated with human involvement in your business dealings
- Effectively minimising your exposure to bribery and corruption
- Ensuring you meet business regulation and ethical standards at the local and international level
Dean Ward, Business Development Manager, Asia Pacific, WORLD CHECK
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| 15:40 |
Nature’s Sunshine case and implications for control-person liability |
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- What specific activities in Brazil breached the FCPA?
- Why was the decision made to charge the individuals involved?
- The facts that lead to the team being considered under the individuals control
- Details about the compliance programme and why it wasn’t considered sufficient
- How can you embed the lessons of this case into your compliance programme?
Eric Carlson, Attorney, COVINGTON & BURLING
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| 16:10 |
Innospec: Has the first international plea bargain worked?
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- What specific activities in Indonesia and Iraq breached the FCPA?
- Why was there such a large disparity in the US and the UK fines?
- How will the SFO and the DoJ reconcile their different levels of authority in plea bargains?
- Individual vs. the Corporation – why did prosecutors decide there was control person liability?
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| 16:40 |
Chairman’s closing remarks and close of conference |