Anti-Corruption Compliance: Trends and Developments in 2020 and Beyond

SEGMENT 1:
Lindi Jarvis, Senior Managing Director
FTI Consulting

DOJ Guidance and How to Approach the Recommendations

• Key takeaways from the June 2020 revised guidance
• Analyzing key performance indicators based on the revised guidance
• Investigation complications during COVID

Compliance in the face of economic and travel related barriers caused by COVID

• Building a culture of ethics and compliance even when resources are limited
• Taking deliberate steps to continue to re-affirm the organization’s positive tone at the top and the importance of legal and policy compliance and ethical conduct during times of crisis. Specific examples to be discussed can include:
  • Risk assessments
  • Training & communications
  • Auditing/monitoring
  • Third party risk management
• Using data analytics – examples that companies and compliance officers can put in their tool kit

SEGMENT 2:
Gary Gao, Partner, Head of Compliance Department
Zhong Lun Law Firm

• Trends in overseas regulatory enforcement: (i) PRC government and authorities become more active and confident to initiate domestic or participate in international investigations related to DOJ/SFO/PNF’s anti-corruption cases. (ii) Cross-border sanction approaches become more comprehensive and full-sided compared to the traditional anti-corruption target.
• Conflicts in PRC anti-corruption enforcement: On the one hand, the current financial difficulties make the PRC authorities more tolerant of grey zone market promotion. However, on the other hand, the authorities tend to use anti-corruption enforcement as a tool to gain income. How to dive through this dynamic status requires enterprises’ open mind and enhancement in their compliance management.
• The worldwide spread of nationalism and the protection of national sovereignty draw thicker barriers to carry on cross-border anti-corruption investigations. But in some areas, there could be more corporation from China.