Anti-Corruption Certification

To get certified

International experts - 17 July 2013
Daniel Lucien Bühr, Herbert Wohlmann
Partner LALIVE SA/Ltd and Of Counsel with Baker & McKenzie - Zurich

Daniel Lucien Bühr was Regional Counsel for Europe, Russia, Near East and Africa with Schindler Group (Elevators and Escalators). Since 2011 he has been Counsel with LALIVE (www.lalive.ch). He advises clients on Corporate Law, with a focus on corporate governance and compliance management systems. He is, among others, a member of the ISO Technical Committee on Compliance Management Systems.

International experts - 15 July 2013
Vivian Robinson
Partner, McGuireWoods London LLP - London

In October 2012, the UK Serious Fraud Office (‘SFO’) issued a restatement of its policies regarding Facilitation Payments, Business Expenditure and Self-reporting. What is the general effect of this?

The SFO’s stated approach in each of these areas is that it will prosecute if on the evidence there is a realistic prospect of conviction and if it is in the public interest to do so.

International experts - 14 June 2013
Charlie Monteith
Head of Legal and Case Consultancy International Centre for Asset Recovery Basel Institute on Governance - Basel Switzerland

Charlie Monteith is the Head of Legal and Case Consultancy at the International Centre for Asset Recovery of the Basel Institute on Governance. He was formerly Counsel with White and Case in London. Mr Monteith is a member of the ETHIC Intelligence Certification committee. The Basel Institute is an international, multi-disciplinary body which encourages links between the public and private sectors as well as links between solid business practices and academia. Its expertise lies in the fields of financial investigation, corruption prevention and anti-bribery compliance and business ethics.

International experts - 13 June 2013
Frederick T. Davis
Of Counsel Debevoise & Plimpton LLP - Paris

Frederick T. Davis is Of Counsel in the Paris office of Debevoise & Plimpton LLP. He served as an Assistant United States Attorney in the Southern District of New York and worked in private practice in New York before moving to Paris, where he is now a member of the Paris Bar and appears in French courts. He is an elected Fellow of the American College of Trial Lawyers, and the French government named him a “Chevalier” of the National Order of Merit of France.

International experts - 10 June 2013
Melda Tanyeri
Ernst & Young Fraud Investigation and Dispute Services - Paris

The current economic climate, increasingly comprehensive global legislation and regulations, combined with ongoing extraterritorial enforcement have all increased the importance of managing bribery and corruption risks in the life sciences industry. In Ernst & Young’s 2013 EMEIA Fraud Survey, 46% of the respondents working in the life sciences industry indicated that offering improper advantages to secure business would be justified if it helped a business survive an economic downturn. In recent years, numerous pieces of legislation, regulations and guidelines have been issued or implemented on the topic of anti-corruption compliance, some of which include:

International experts - 20 May 2013
Patricia McKinstry
SAI Global Compliance, (EMEA) - Paris

How is the G20 partnering with business to tackle corruption?

A plethora of slogans like “supersize and radicalise transparency” and “proactive engagement” were tossed around at the third high-level meeting of G20 government, business and civil society representatives on April 25 & 26 that have teamed up for a global relay against corruption. Hosted by the OECD and the Russian Presidency in the G20 and supported by UNODC, G20 and B20 representatives gathered to share best practices and advance the G20B agenda. The buzzword was collective action: governments, business and civil society joining forces on a macro and micro level to tackle a global phenomenon with a global game plan.

International experts - 19 April 2013
Scott Lane
CEO, The Red Flag Group - Hong Kong

Why should companies doing business in the Middle East be concerned by the UKBA?

There is little doubt in the business world today that the Middle East is becoming an increasingly-important market for the products and services of companies from around the world. This is particularly true of the cash-rich sovereign wealth funds holders such as Abu Dhabi, Kuwait and Qatar, which have become a stabilising influence during the most recent financial crisis. Dubai, also, is quickly bouncing back from the global recession.

International experts - 12 April 2013
Blandine Cordier-Palasse
Vice-President and Co-founder of the Compliance Circle - Paris

Zero risk does not exist for companies and should not be an objective.

Given globalization, increased competition, ever increasing objectives on the one hand and increasingly complex and sophisticated international laws and standards on the other, the issue of non-compliance has become critical. One small act or incident can put a company’s reputation at risk and potentially call into question its performance and ultimately its existence. Certain functions emerge as central and become strategic for the Group. This is the case for the Compliance Officer whose role has been developing over the last few years, first in the United States and then in Europe.

International experts - 11 April 2013
Astrid Mignon Colombet, François Buthiau,
Partners Soulez Larivière & Partners, Lawyers Paris Bar -

Over the past few years more and more cases initiated in the United States for offenses of international corruption (Foreign Corrupt Practices Act, FCPA) by both American and foreign companies are settled by an original legal instrument, the Deferred Prosecution Agreement (DPA). Currently, close to 40% of these signed agreements are the result of infractions of the FCPA.

International experts - 21 March 2013
Scott Lane
CEO, The Red Flag Group - Hong Kong

What are the specificities of doing business in China?

It is often said that conducting business ethically in China while making a decent profit is impossible. The business climate is allegedly so riddled with corruption that companies which comply with the FCPA and other similar restrictive regulations are simply unable to compete effectively. While typical methods of managing risks arising from corrupt practices in China are essential – for example, compliance policies and procedures, internal training, investigations and audit procedures – in order to really get ahead of the challenges, organisations are well advised to address ethics and compliance at a strategic level through developing relationships with key national and local Chinese Communist Party and government officials in China.

International experts - 21 February 2013
Jingzhao Tao, Gregory Louvel, Emilie Hu
Dechert LLP - Beijing

Judge Bao was a much-praised official in ancient China who was particularly known for his strong position against bribery. In fact, he had thirty high officials demoted or dismissed for corruption, bribery, or dereliction of duty, and before his death, he warned his family: “Any of my descendants who commits bribery as an official shall not be allowed back home nor buried in the family burial site. He who shares not my values is not my descendant.” Today, Judge Bao is still revered as the symbol of justice in China.

International experts - 20 February 2013
Frédéric Cordel
Former Director Audit and Internal Control, Steria, teacher and author - Paris

In your opinion what are the principle responsibilities of a Director of Internal Audit with respect to corruption prevention?

Firstly, the Director of Internal Audit must determine who, within the company, is in charge of managing this particular risk in terms of identification, evaluation and treatment. Those involved could be numerous (legal, purchasing, sales, ethics and compliance, risk management and/or communications…), a fact which could potentially lead to problems.

International experts - 23 January 2013
Frances McLeod
Managing Partner Forensic Risk Alliance -

Forensic Risk Alliance is a provider of international eDiscovery solutions, data protection advice and forensic accounting services

What is data forensics exactly?

With an estimated 3.3 billion active email accounts worldwide, of which approximately 25% are business accounts, the application of data forensics is far broader than the name might suggest. “Data Forensics deals with methods for extracting digital evidence after a computer crime has been committed.” (http://www.ics.uci.edu/~goodrich/pubs/forensics.pdf).

International experts - 21 December 2012
Judith Beckhard Cardoso
Partner, Attorney at Law, Paris Bar Member of the French chapter of the Certified Fraud Examiners Association -

Implementing an internal FCPA related investigation in the US is by no means simple. It requires a very skilled and experienced lawyer, regular contacts with the SEC and DOJ and knowledge of the FCPA guiding principles. This being said, the FCPA has been in force in the US since the end of the 1970s and its enforcement is not new to US companies or US lawyers. It is a bit different in the EU, with specificities depending on the country’s legislative culture. For this reason, implementing an internal investigation in the EU is, at best, a challenge, at worst a nightmare.

International experts - 18 December 2012
Sharie A. Brown
DLA Piper LLP (US - Washington, DC

In the months since the Dodd-Frank whistleblower provisions were codified in Section 21F of the Securities Exchange Act of 1934, many in-house counsel, internal auditors, and corporate compliance officers have received a call, tip or letter containing allegations of wrongdoing by their companies involving the US Foreign Corrupt Practices Act (“FCPA”) and other anti-bribery laws. Internal hotlines and reporting mechanisms are widely available today for employees who wish to report corporate misconduct, and many companies already have internal procedures and protocols for evaluating and addressing those internal employee reports. However, in-house compliance counsel face different challenges when confronted with FCPA allegations presented in a letter from a law firm on behalf of an unidentified group of whistleblowers. This article provides some practical advice on initial steps that may be taken in responding to a Dodd-Frank FCPA whistleblower letter in order to help achieve a fair and appropriate outcome for the company.

International experts - 23 November 2012
Elizabeth Robertson
Partner, K&L Gates LLP - London

The government published a consultation in May 2012 on the proposal to introduce DPAs into the justice system in England and Wales. There were 75 respondents (the “Respondents”) in total and K&L Gates LLP (“KLG”) was one of only 32 Respondents from the legal profession. On 23 October 2012 the government published its response to the consultation (the “Response”) {1} . It is anticipated that DPAs will be enacted in primary legislation via amendment to the Crime and Courts Bill which is currently making its way through Parliament so they could soon form part of a prosecutor’s armoury in tackling corporate crime. Here Elizabeth Robertson answers questions on the future use of DPAs in the UK.

International experts - 22 November 2012
Patricia McKinstry
SAI GLOBAL Compliance (EMEA) - Paris

What is being done to minimise third party risk?

In-house compliance experts from some of the world’s leading companies, French and EU government spokespersons and key advisors gathered in Paris October 23-24 to share experiences and best practices for minimising third party risk: an area where regulators around the globe are tightening their grip.

International experts - 19 November 2012
Reagan R. Demas
Partner, Baker & McKenzie LLP - Washington, DC

The African continent today is a land of both vast opportunity and significant risk for corporations and investors alike. As GDP per capita grows in China and other Asian states, and as wages rise commensurately, Africa will soon become the world’s last major low-wage region. Incentives are growing for companies from member states of the Organization for Economic Cooperation and Development (“OECD”) to outsource work to Africa and to set up low-cost operations in the same way such activities were shifted to Asia over the past three decades.

International experts - 26 October 2012
Dominique Lamoureux
Vice-President, Ethics and Corporate Responsibility, Thales - Paris

It is widely recognized that the defense industry has been and continues to be particularly sensitive to the issue of corruption. Today’s new regulatory environment forces those in this sector to demonstrate permanently that they are working with the utmost respect for and adherence to ethical standards. These standards, which are multiplying at an international level, shape companies’ risk management policies and play a determining role in their reputation and their processes of evaluation.

International experts - 24 October 2012
Jingzhou Tao, Gregory Louvel
Managing Partner for Asia Practice, Development, Solicitor of England and Wales and Lawyers (Dechert) - Beijing

The review of recent US Foreign Corrupt Practice Act (FCPA) cases involving China, in whole or in part, may help multinationals to take careful measure of the FCPA compliance risks in the Chinese context and help them mitigate those risks, in light of the reality of doing business here.

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