ECONOMIC SANCTIONS
Focus on
July 30,
2015
FCPA
DOJ Prosecutors Discuss Current FCPA
Violations and International Money
Transfer Trends
Charles La Bella
Deputy Chief, Fraud Section
United States Department of Justice (San Diego)
Douglas Miller
Assistant U.S. Attorney
Central District of California
United States Department of Justice (Los Angeles)
SPECIAL, ENHANCED FOCUS ON:
Earn
CLE
ETHICS
Credits
Earn
CPE
Credits
Building the Pillars of a Robust Anti-Corruption Compliance Program
Earn
TASA
Credits
Deciphering the FCPA Books and Records Provision – How to Make Sure Your
Accounting Controls Stand Up to Government Scrutiny
How to Prepare Your Team for an Internal Investigation – Scoping Your Action
Plan to Avoid Common Pitfalls and Costly Mistakes
Preventing Gift, Entertainment, and Hospitality Trip Wires : Current Trends and
Non-Cash Gifts that Could Put Your Company at Risk
Benchmark Compliance and Risk Management
Strategies with:
Qualcomm Live Nation
21st Century Fox
Teledyne
Sempra Energy
NuVasive
Noble Energy
Clarient
AerCap
Pharmavite
AECOM
Arthrex
BENEFIT FROM INTERACTIVE DISCUSSIONS:
Interactive Polling: Third-Party Due Diligence Case Studies – What Truly Matters
When Evaluating and Vetting Brokers, Distributors, Agents, and Other Intermediaries
Training Town Hall: Building a Culture of Compliance – How to Increase
Employee Engagement and Train Your Employees and Third Parties
Special Economic Sanctions Day
July 30, 2015 – San Diego
• The Cost of Sanctions Non-Compliance –
Lessons Learned from Recent Settlements
• What an Optimal OFAC Screening Program
Should Look Like
• Focus On New Requirements Regarding Iran,
Russia/Ukraine, Cuba, Venezuela
Maximize your Training with Comprehensive Pre-Forum Working Groups –
July 28, 2015
A Fundamentals of Anti-Corruption Compliance: Deciphering Requirements of the US Foreign Corrupt Practices Act (FCPA)
B U.S. Economic Sanctions – Nuts and Bolts Guide to Understanding the Basics of Economic Sanctions Compliance and How to Interact with the Office of
Foreign Assets Control (OFAC)
For the first time in San Diego, and with a particular emphasis on risks facing the biotech, aerospace, defense and entertainment industries, ACI’s FCPA Compliance and Enforcement Forum was developed after extensive research with compliance professionals in the region. The program includes the most relevant anti-corruption compliance developments and will bring together leading anticorruption experts and counsel for unparalleled networking and benchmarking opportunities.
Featuring expert speakers from Southern California, this comprehensive agenda will focus on how companies and their advisors tackle important challenges facing anti-corruption professionals today.
Topics will include:
Record keeping – What the U.S. government expects you to have in your files
Focus on China: Where Companies Go Wrong with Third Parties in China - How to Prevent
Pitfalls in your Due Diligence Program
Identifying anti-corruption “ambassadors” on the ground and giving them the tools they need to spread the word
Understanding privacy laws that restrict the transfer of evidence/data in an FCPA investigation?
Outlining red flags for transactions that are used to channel bribes
Also benefit from these risk management focused sessions:
Conducting an Effective Anti-Corruption Risk Assessment: How to Determine Your Risk
Profile and Design the Right Internal Controls
Considerations of Making Voluntary Disclosures to the Government – Whether, When, and How Whistleblower Trends May Change the Decision-Making Process
Attend the interactive Pre-Forum Working Group on July 28, 2015 – 9:00 a.m - 12:30 p.m.
Fundamentals of Anti-Corruption Compliance:
Understanding the US Foreign Corrupt Practices Act (FCPA)
Do you need an immersion in the Foreign Corrupt Practices Act (FCPA) and the elements that create liability? This interactive and practical session will focus on the “nuts and bolts” of the law and supply you with a foundation that will prepare you for the FCPA forum. In this deep-dive working session, you will benefit from enhanced Q&A, case studies, and the exchange of hands-on practices to help you build or fine-tune your anti-corruption compliance program.
Register early to guarantee your place and take advantage of advance pricing and group discounts. Call 1-888-224-2480 ; fax your registration form to 1-877-927-1563 ; or register online at www.FCPAConference.com/SanDiego
• Corporate Counsel
- International Trade Counsel
- Import/Export Compliance
- Trade and Regulatory Counsel
- Government Affairs
- Contracts
• Compliance Officers
• Ethics Officers
• Directors, Internal Audit
• Directors, Import Export
Compliance
• Directors, Business Conduct
• Forensic Accountants
• Auditors
• Certified Fraud Examiners
• Directors, Corporate Audits and
Investigations
• International Contract Managers
• Outside Counsel specializing in:
- International Trade
- Corporate Compliance
- White Collar Crime
- Internal Investigations
- Anti-Money Laundering
- Corporate Governance
CLE
Credits
Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.
ACI certifies that the activity has been approved for CLE credit by the New
York State Continuing Legal Education Board.
ACI certifies that this activity has been approved for CLE credit by the State Bar of
California.
You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held.
ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.
Questions about CLE credits for your state? Visit our online CLE Help Center at www.
americanconference.com/CLE
ACI certifies that this activity has been approved for TASA course credit in the amount of 6.0 credit hours. An additional 2.0 credits will apply to working group A and B participation.
TASA candidates are required to complete the appropriate TASA forms during the conference. TASA credits are processed in 1-3 weeks after a conference is held.
American Conference Institute ( ACI ) will apply for Continuing
Professional Education credits for all conference attendees who request credit. There are no pre-requisites and advance preparation is not required to attend this conference.
Course objective: Instruction on the FCPA and Anti-Corruption Compliance procedures to prevent inappropriate payments. Recommended CPE Credit: 7.0 credit hours for the main event, and 4.0 credit hours for the FCPA workshop.
ACI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE
Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the
National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN,
37219-2417 or by visiting the web site: www.nasba.org
To request credit, please check the appropriate box on the Registration form.
TRACE Anti-Bribery Specialist Accreditation (TASA) is a comprehensive training and certification program focused on anti-bribery compliance. To learn more about accreditation, please visit www.thetasa.org or contact Virna Di Palma at dipalma@ traceinternational.org.
Join the Conversation ACI: Anti-Corruption/FCPA @ACI_AntiCorrupt / #ACIFCPA
9:00 am – 12:30 pm (Registration begins at 8:30 am)
A Fundamentals of Anti-Corruption Compliance:
Understanding the US Foreign Corrupt Practices Act
Brad Nelson
Senior Vice President of Internal Auditing and
Chief Compliance Officer
Live Nation (Houston, TX)
Dan Shallman
Partner
Covington & Burling LLP (Los Angeles, CA)
Do you need an immersion in the Foreign Corrupt Practices Act
(FCPA) and the elements that create liability? This interactive and practical session will focus on the “nuts and bolts” of the law and supply you with a foundation that will prepare you for the FCPA forum. Topics to be covered will include:
• Who is covered by the FCPA?
• What is the extraterritorial reach of the statute?
• What are the risks?
- Potential criminal and civil liability
- Reputational damage
- Risk of investigation
- Disqualification for publicly-financed projects
• Basic elements of the FCPA
• Understanding relevant definitions included in the statutes
- “giving, promising anything of value,” “foreign official”
- “influencing the official,” “obtaining or retaining business”
• Books and records requirements of the FCPA
• Permissible and impermissible payments
- Anything “of value”
- Facilitating payments: limits on “grease”
- Political contributions
- Charitable contributions
• Involvement of third parties and due diligence requirements
• Reasonable and bona fide expenses: gifts; travel; entertainment
• Record keeping and internal controls requirements and standards
7:30
8:30
8:45
Registration Begins
Co-Chairs Opening Remarks
William Sailer
Senior Vice President, Legal Counsel
Qualcomm Incorporated (San Diego, CA)
Michael Brown
Vice President, General Counsel, Compliance & Privacy Officer
Clarient – A GE Healthcare Company (Aliso Viejo, CA)
Government Roundtable: DOJ Prosecutors Discuss
Current FCPA Violations and International Fraud Trends
Charles La Bella
Deputy Chief, Fraud Section
United States Department of Justice (San Diego, CA)
Douglas Miller
Assistant U.S. Attorney, Central District of California
United States Department of Justice (Los Angeles, CA)
Bruce Searby – Panel Moderator
Counsel
Paul Weiss Rifkind, Wharton & Garrison LLP
(Washington, DC)
9:45 Hallmarks of an Effective Anti-Corruption Compliance
Program – What a Robust Compliance Program Should
Include to Withstand Government Scrutiny
William Sailer
Senior Vice President, Legal Counsel
Qualcomm Incorporated (San Diego, CA)
John McCoy
Vice President, Deputy General Counsel, and Group Chief Compliance Officer
21st Century Fox (Los Angeles, CA)
The US DOJ has outlined the “Hallmarks” of anti-corruption compliance. Use these hallmarks to provide context for your entire forum experience and learn how to build a proactive and compliant anti-corruption compliance program. Topics will include:
• Gaining commitment from senior management
• Designing a clearly articulated policy against corruption
• Code of conduct and compliance policies and procedures
• Oversight, autonomy, and resources
• Effective risk assessment
• Training and continuing advice
• Incentives and disciplinary measures
• Third-party due diligence and payments
• Confidential reporting and internal investigation
• Continuous improvement: periodic testing and review
• M&A: pre-acquisition due diligence and post-acquisition integration
10:45 Networking Coffee Break
11:00 Third-Party Due Diligence Case Studies:
What Truly Matters When Evaluating and
Vetting Brokers, Distributors, Agents, and
Other Intermediaries
AUDIENCE
POLLING
Michael Brown
Vice President, General Counsel, Compliance & Privacy Officer
Clarient – A GE Healthcare Company (Aliso Viejo, CA)
Mike Piazza
Partner
DLA Piper LLP (Los Angeles, CA)
In this exclusive and practical session, expert speakers will discuss recent FCPA cases involving third parties. After a review of each case and the challenges involved, they will take the audience through the lessons learned from scenario presented in each case. Not just theory, this session will provide you with practical tools to learn from the mistakes of others and effectively address third party challenges in your day-to-day operations.
Eli Lilly – “marketing agreements” to pay millions of dollars to third parties chosen by government customers or distributors
Dallas Airmotive – bribes using sales representatives ,
“commissions,” and “consulting fees”
Ralph Lauren – bribes to government and customs officials using customs brokers
Register Now | 888-224-2480 | www.FCPAConference.com/SanDiego
12:00 Deciphering the FCPA Books and Records Provision –
How to Make Sure Your Books and Records Are In Line with SEC Expectations
David Gan
Senior Vice President, Assistant General Counsel
AECOM (Los Angeles, CA)
• Understanding the growing role U.S. Securities and Exchange
Commission plays in the enforcement of the FCPA
• Key terms and elements of the Book and Records provision of the FCPA
- To whom do these provisions apply?
- What constitutes a violation of this provision?
• Understanding the exceptions and defenses to the FCPA, including facilitation payments
• Record keeping – What the U.S. government expects you to have in your files
• What your system of internal controls needs to accomplish
• Document retention policies that work and those that do not
12:45 Networking Luncheon for Speakers and Attendees
2:00
2:45
Conducting an Effective Anti-Corruption Risk
Assessment: How to Determine Your Risk Profile and Design the Right Internal Controls
Sarah Peter
Compliance Attorney, Director of Ethics Programs
Teledyne Technologies Incorporated (Santa Barbara, CA)
Janice Avery
FCPA Subject Matter and Compliance Audit Expert
Arthrex (Houston, TX)
• How to assess the knowledge and awareness of anti-corruption rules in specific countries
• How to conduct comprehensive and complete anti-corruption risk assessments to identify potential risks
• What are the red flags for transactions that are used to channel bribes
• How to assess management, employee, vendor and agent knowledge and compliance activities
• Tracing payments to third parties
• Ensuring proper documentation of contributions, marketing expenses and accounts payable
• Selecting samples of high risk transactions for deeper analysis
• Training local staff to determine issues unique to the region or locale
• Reporting findings to compliance officers, audit committees and legal counsel
Focus on China: Where Companies Go Wrong with
Third Parties in China – How to Prevent Pitfalls in your Due Diligence and Monitoring Program
Amy Sommers
Partner
K&L Gates LLP (Shanghai, China)
• How to design a questionnaire for third parties: what type of information to include and how to get cooperation from vendors?
• What are legal ways to obtain data in China?
• How to determine which third-party needs to be screened and how far the supply-chain it must go?
• What to do with common names in China?
• What happens when records are unavailable or unreliable?
• How to overcome any language barriers?
3:05
3:20
4:05
4:50
Networking Coffee Break
How to Prepare Your Team for an Internal
Investigation – Scoping Your Action Plan to Avoid
Common Pitfalls and Costly Mistakes
Dmitry Chausovsky
Vice President & Chief Compliance Officer
AerCap (Los Angeles, CA)
Laurence Urgenson
Partner
Mayer Brown LLP (Washington, DC)
Robert Marasco
Attorney
Procopio, Cory, Hargreaves & Savitch LLP (San Diego, CA)
• Determining the scope of the investigation and the action plan
• Where should investigators be looking when there are allegations of bribery
- Expense reports, time sheets, commission payments
• Legal and cultural considerations for investigations in various locales
• Overcoming information-gathering barriers
• Understanding privacy laws that restrict the transfer of evidence/ data?
• Questions you can and cannot ask local employees
• Refining the review plan once the investigation has begun
• What to do when a violation is discovered
• Privilege considerations and coordination with outside counsel
• Determining when the investigation has been exhausted
Considerations of Making Voluntary Disclosures to the Government – Whether, When, and How
Whistleblower Trends May Affect Your Decision-
Making Process
Michael Farhang
Partner
Gibson Dunn & Crutcher LLP (Los Angeles, CA)
Alicia Villarreal
Principal
Villarreal Law (Hermosa Beach, CA)
• Factors to consider when deciding whether to disclose potential
FCPA violations
• Pros and Cons of making a voluntary disclosure to the government
• Understanding DOJ guidelines for when to disclose
• Repercussions of NOT disclosing
• Understanding how voluntary disclosures and allegations can lead to other disputes including securities litigation and shareholder lawsuits
• Balancing assertions of privilege with government cooperation
• Understanding the weight of voluntary disclosures in settlement negotiations, if any
Preventing Gift, Entertainment, and Hospitality Trip
Wires: Current Trends and Non-Cash Gifts that Could
Put Your Company at Risk
Alex Rios
Director of Corporate Ethics, Mexico
Sempra Energy (San Diego, CA)
Patricia Gatley
Director of Global Compliance
NuVasive, Inc. (San Diego, CA)
Join the Conversation ACI: Anti-Corruption/FCPA @ACI_AntiCorrupt / #ACIFCPA
5:35
In this practical session, you will have the opportunity to benchmark with your peers in the audience. Expert panelists will lead a thoughtprovoking discussion on how to create a robust, culturally-sensitive, and compliant approach to your company’s gifts, travel and entertainment policy.
• Establishing defined thresholds for prior approval and/or legal review for non-cash gifts
• Handling requests for tickets and travel to the attend the Super
Bowl, Olympics, World Cup, or other events
• Non-monetary company benefits, room upgrades and discounted merchandise
• Local cultural considerations of gifts and entertainment
(e.g. Mexico, China)
• Best practices for including gift and entertainment policies in your company’s code of conduct
Training Town Hall – Building a Culture of Compliance:
How to Increase Employee Engagement and Train Your
Employees and Third Parties
Ashley Coselli
Compliance Attorney
Noble Energy (Houston, TX)
6:00
Esther Kim
Director, Legal & Compliance
Pharmavite LLC (Los Angeles, CA)
In this interactive “town hall” format, you will have the opportunity to benchmark with your peers in the audience. Moderators will solicit your ideas and opinions on the following thought-provoking employee engagement topics:
• Identifying anti-corruption “ambassadors” on the ground and giving them the tools they need to spread the word
• Ensuring regular communication with employees regarding anti-corruption compliance
• Understanding the training needs of your employees, and matching those needs with the appropriate resources
• Establishing a feedback loop – getting valuable input directly from employees on how to increase employee engagement
• Employee engagement best practices – what companies are doing well
FCPA Compliance and Enforcement Forum Concludes
With more than 300 conferences in the United States, Europe, Asia Pacific, and
Latin America, American Conference Institute ( ACI ) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world.
As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation.
For more information about this program or our global portfolio of events, please contact:
Wendy Tyler, Director of Sales, American Conference Institute
Tel: 212-352-3220 x5242 | w.tyler@AmericanConference.com
© American Conference Institute, 2015
FEE PER DELEGATE
ADVANCE PRICING
On or Before June 12, 2015
$1095 o FCPA Seminar Only o Seminar + Fundamentals of Anti-Corruption Compliance
Workshop o Both Seminars: FCPA + Economic Sanctions o Both Seminars + 1 Workshop o A: Fundamentals of
Anti-Corruption Compliance or o B: U.S. Economic Sanctions o Both Seminars + Both Workshops
$1695
$2095
$2695
$3295 o Please reserve ___ additional copies of the Conference Materials at $199 per copy.
STANDARD PRICING
After June 12, 2015
$1195
$1895
$2295
$2895
$3495 o ACH Payment ($USD)
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July 29, 2015 Hotel Solamar, San Diego, CA July 30, 2015
American Conference Institute’s Forum on FCPA
How to Build or Fine Tune Your FCPA Compliance Program and Internal Controls
Amid an Increasingly Complex and Aggressive Global Enforcement Environment
American Conference Institute’s
How to Ensure Compliance with Rapidly Changing Economic
Sanctions Restrictions Amid Increased Enforcement Risks
Corporate Insights from:
Qualcomm Live Nation
21st Century
Fox
Teledyne
Sempra Energy
NuVasive
Noble Energy
Clarient
AerCap
Pharmavite
AECOM
Arthrex
DOJ and SEC Discuss Current FCPA Violations and International Money Transfer Trends
Charles La Bella
Deputy Chief, Fraud Section
United States Department of Justice
(San Diego)
Douglas Miller
Assistant U.S. Attorney, Central District of California
United States Department of Justice
(Los Angeles)
Share Compliance Best Practices with Senior Executives from:
Fluor
MUFG Union Bank
Northrop Grumman
Textron
The Boeing Company
Register Now | 888-224-2480 | www.FCPAConference.com/SanDiego
Hear from a Senior OFAC Official:
Jeff Braunger
Chief, Licensing Division
Office of Foreign Assets Control
U.S. Department of the Treasury
Register Now | 888-224-2480 | www.AmericanConference.com/EconomicSanctionsSD