(CANCELLED) Anti-Corruption 101

Feb 4, 2014 2:00pm – 

Jonathan Armstrong
Partner
Duane Morris LLP, London, UK

Michael Dixon
Partner
Blake Cassels & Graydon LLP, Calgary

Jordan Leigh Smith

Davis Polk & Wardwell LLP, New York

Designed for people new to the subject and your staff, this intensive workshop offers a solid introduction to the legal regimes most likely to apply to Canadian companies operating abroad. Based on participant requests last year, we’ve expanded this workshop to four hours for an even more comprehensive primer.

  • Sources of national regimes
    • OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
    • United Nations Convention against Anti-Corruption
    • OAS Inter-American Convention Against Corruption
    • Review process
  • Understanding the vocabulary
    • Facilitation payments
    • Who is a foreign public official?
    • Instrumentalities and associated persons
  • The Corruption of Foreign Public Officials Act
    • Key provisions
    • Applicability
    • Means of enforcement
    • Brief history of early enforcement
  • The Freezing Assets of Corrupt Foreign Officials Act
    • Guidelines for assisting requesting countries in recovering funds
  • Other potential domestic criminal charges
  • Foreign Corrupt Practices Act (U.S.)
    • Key provisions
    • Extraterritoriality; application to Canadian companies operating abroad
    • Means of enforcement
    • Examples of enforcement actions
    • Key differences from the CFPOA
    • Implications of the Dodd-Frank whistleblowing provisions
  • The Travel Act (U.S.)
    • Relationship to commercial bribery that does not involve foreign government officials
    • Relationship to state bribery laws
  • Bribery Act (U.K.)
    • Key provisions
    • Extraterritoriality
    • Means of enforcement
    • Early examples of enforcement actions
    • Key differences from the CFPOA
  • Other relevant foreign provisions
    • RICO
    • Money laundering
    • Sarbanes-Oxley
    • Income tax offences
    • Civil forfeiture
    • World Bank proceedings

Jonathan Armstrong has handled legal matters in more than 60 countries involving emerging technology, corporate governance, ethics code implementation, reputation, internal investigations and global privacy policies. He has been particularly active in advising multinational corporations on their response to the UK Bribery Act 2010 and its relationship to the U.S. Foreign Corrupt Practices Act (FCPA.)

Michael Dixon regularly advises Canadian and multinational corporate clients on compliance with domestic and international anti-bribery and corruption legislation. He has conducted internal investigations in response to corruption allegations. Michael also assists clients with implementing and improving anti-corruption compliance programs and with anti-corruption diligence during mergers, financings and other commercial transactions.

Jordan Leigh Smith’s practice focuses on white collar criminal and regulatory matters involving allegations of securities fraud, insider trading, violations of the FCPA, fraud and other financial crimes. Ms. Smith also advises companies on corporate governance issues and the implementation of effective compliance programs, including with respect to the FCPA.

* A light lunch will be served to those attending Workshops A & B.