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September 21-23, 2009                                           HEAR FROM PARTICIPATING
                                                                                                               ORGANIZATIONS:
                                                     Washington, D.C.                                             Baker & McKenzie
                                                                                                                  Baker Hughes



   Foreign Corrupt
                                                                                                                  Barrick Gold Corporation
                                                                                                                  Citigroup
                                                                                                                  Coca-Cola Ltd.
                                                                                                                  Dow Jones
                                                                                                                  Federal Bureau of Investigation

   Practices Act
                                                                                    TM
                                                                                                                  General Electric Company
                                                                                                                  Gibson, Dunn & Crutcher
                                                                                                                  Google Inc.
                                                                                                                  Holland & Knight
    Defining New Strategies in Global Anti-Corruption for 2009 and Beyond
                                                                                                                  Honeywell International
                                                                                                                  Lockheed Martin Corporation
                                                                                                                  McDonald’s Corporation
                                                                                                                  Merrill Lynch
                                                                                                                  Morgan Lewis
                                                                                                                  Morgan Stanley
                                                                                                                  Organization for Economic
                                                                                                                  Co-Operation and
                                                                                                                  Development
                                                                                                                  Pfizer Inc.
                                                                                                                  Raytheon Company
                                                                                                                  Shearman & Sterling
                                                                                                                  Siemens AG
       This is the Premiere FCPA Event           Expert Advisory Board:                                           The Ethisphere Institute
       in the U.S. to learn about:                  Nancy Z. Boswell                                              The Fairfax Group
                                                    TRANSPARENCY INTERNATIONAL                                    Transparency International USA
             The potent new risk of charging
             individuals for violations             Alexander Brigham, Executive Director                         Tyco International
                                                    THE ETHISPHERE INSTITUTE
             The latest enforcement                                                                               U.S. Department of Justice
                                                    Sharie A. Brown, Partner, DLA PIPER
             priorities from the DOJ                                                                              U.S. Securities and
             and SEC                                Joel Kirsch, Vice President, Chief Compliance                 Exchange Commission
                                                    Officer and Associate General Counsel
             Lessons learned from recent            SIEMENS CORPORATION                                           United Nations Office on
             investigations and prosecutions                                                                      Drugs and Crime
                                                    Paul J. McNulty,
                                                    (Former Deputy AG of the U.S.)                                Wolff & Sampson
             Which industries are exposed
             to the most risk—and why               Philip Urofsky, Partner,
                                                    SHEARMAN & STERLING
             The coming changes in FCPA                                                                        EARN CLE CREDITS!
             enforcement                         Government Representation:
                                                    Steven Tyrrell, Chief, Fraud Section – Criminal Division
             The incredibly valuable lessons        U.S. DOJ
             for every American company
             learned from the Siemens               Mark F. Mendelsohn, Deputy Chief, Fraud Section,
                                                    Criminal Division, U.S. DOJ
             experience
                                                    Donald W. Freese, Supervisory Special Agent,
             The differences between                International Program Manager,
             permissible gifts—and bribes           Public Corruption Unit, FBI

             Cutting-edge methods for               Stephanie Shuler, Branch Chief, Division of
                                                    Enforcement, U.S. SEC
             overcoming corruption risks
                                                    Gary Grindler, Deputy Assistant Attorney General,
             The newest exposure for banks:         US. Department of Justice
             corruption charges                     And many more!




 Sponsors:                                                      Media Partners:



  Supporting Partners:



Register Today! Call Andrew: 416.597.4728 or email: andrew.drummond@iqpc.com
NETWORK WITH
                                                                                                     YOUR PEERS!

 Foreign Corrupt                                                                                     Director of Corporate
                                                                                                     Conduct and Compliance
                                                                                                     Compliance and Ethics
 Practices Act
                                                                            TM

                                                                                                     Officers
                                                                                                     Compliance Counsel
  Dear Colleague,                                                                                    General Counsel

  There has been a recent enormous explosion in FCPA and anti-corruption
                                                                                                     Vice Presidents and Directors of:
  enforcement by U.S. and foreign governments all around the world.That explosion                          Corporate Compliance
  has now produced unprecedented risk everywhere.                                                          Legal Affairs
  Just consider: the annual number of FCPA enforcement actions alone has increased over fourteen           Special Investigations
  fold from 2003-2009. And that figure does not take into account the enforcement actions by                Business Conduct
  foreign anti-corruption authorities who are now working hand-in-hand with the American                   Ethics
  government.                                                                                              Integrity
  As the risks keep spreading to more and more industries, no American company can even                    Corporate Social
  remotely afford the consequences of non-compliance.                                                      Responsibility
  Those consequences have now become quite severe: heavy civil and criminal                                International Trade and
  penalties for both individuals and corporations; large profit losses and, ever more, the                  Regulatory
  imposition of expensive independent monitors on companies who break the rules.                           Internal Audit
  Is your company completely up-to-date in its strategic planning to meet those risks?                     Contracts
  The increasingly difficult and changing challenges are impossible to meet without an effective            Trade Compliance
  anti-corruption and compliance program that requires constant reassessment. Why even take the            Sustainable Development
  chance?
  That is why IQPC is holding its Foreign Corrupt Practices Act: Minimizing Risk and
  Defining New Strategies in Global Anti-Corruption in the heart of the nation’s capital,
  Washington, D.C. on September 21-23, 2009.
  This is an outstanding learning experience.
  After extensively researching the most cutting-edge and up-to-date developments, IQPC will
  bring together all of the leading experts in FCPA: government officials, general counsel, outside
  counsel, and consultants who spend all of their waking hours working with the legislation, its
  implementation and its consequences.
  Through the use of interactive case studies, you will learn:
         The potent new risks against individuals in corporations—and how to defend them
         How to build the right set of controls to prevent violations
         The industries at greatest risk—now including the banks
         How to incorporate the important changes that are required for your                         ALSO:
         compliance program as a result of recent cases against both companies and                   Forensic Accountants
         the individuals involved in them                                                            Heads of Investigation
         The best steps you can take to design and implement due diligence on any prospective        Forensic Investigators
         foreign third party relationship                                                            Prosecutors
         The latest rules on when—and how—to make voluntary disclosure
         What you can do—and not do—when courting foreign companies and
                                                                                                     Certified Fraud Examiners
         government officials
         How to incorporate the strongest FCPA auditing requirements into your                       Private practitioners in:
         company’s compliance program                                                                      Fraud
         How to effectively deal with and control the costs arising from the imposition of                 Corporate Crime
         expensive monitors—if it ever happens to you
         How to fully prepare for the growth in investigations
                                                                                                           Anti-Money Laundering
                                                                                                           White Collar
  You cannot afford to miss the premiere FCPA event in America!
                                                                                                           International Trade and
  I look forward to seeing you in Washington D.C.!                                                         Business Transactions
  Kindest regards,                                                                                         Foreign Investment
                                                                                                           Regulatory Compliance
                                                                                                           Corporate Compliance
  Fred Sagal, MA., LL.M                                                                                    and Governance
  Conference Director                                                                                      Administrative Law
                                                                                                           Internal Investigation
2 Register Today! Call Andrew: 416.597.4728 or email: andrew.drummond@iqpc.com
PRE-CONFERENCE WORKSHOPS
Monday, September 21, 2009
10:00 a.m. - 1:00 p.m.       WORKSHOP A                                                       1:30-4:30    WORKSHOP B
FCPA COMPLIANCE CHALLENGES IN EMERGING MARKETS:                                               AN INTRICATE GUIDE TO CONDUCTING DUE DILIGENCE IN
ENFORCEMENT GOES GLOBAL                                                                       DIFFERENT COUNTRIES: AN INVALUABLE GUIDE FOR EVERY
                                                                                              AMERICAN CORPORATE OFFICIAL IN ANTI-CORRUPTION
When doing business in any foreign jurisdiction, companies should make every effort           Recent experiences in enforcement have clearly shown that any company which
to align their business strategy closely with local cultures, languages, business practices   does international business will face serious civil and criminal consequences as
and regulations. In emerging markets like Brazil, Argentina,Venezuela, Russia, India, and     well as severe financial penalties if the foreign third parties they deal with commit
China, however, certain generally accepted business practices add a layer of risk for         bribery or other corrupt moves. Continual compliance becomes a strong
corruption and bribery that require companies to carefully oversee and monitor their          imperative. But the exact nature of that compliance is often not understood by
businesses to limit the risk of FCPA violations.                                              officials in U.S. companies.
Strong compliance programs and effective internal investigations are essential to             In this interactive workshop, you will learn from top experts in the field of due
managing these risks. This interactive workshop will guide you through the compliance         diligence about the strategies that are required to stop this. You will find out how
steps necessary to identify control and environmental weaknesses and to protect your          to investigate your potential business partners and get up-to-date information on:
company against potential FCPA violations in emerging markets.                                      The exact requirements you are expected to know about your foreign
It will also outline the process of conducting a cross-border, anti-corruption                      partners or intermediaries
investigation that seeks to preserve the integrity of the investigation while balancing             How to establish a policy for due diligence
issues like the attorney client privilege and work product protection, the challenges of            How to gather information about the officers and directors of the foreign
                                                                                                    partners or intermediaries while still honoring privacy laws
international evidence gathering, cooperation with foreign and U.S. authorities, adhering
                                                                                                    The steps required to monitor intermediaries once you establish your
to local customs and cultural sensitivities, and managing the unique obstacles present in
                                                                                                    relationship with them
emerging markets.                                                                                   The steps you should perform for in-house due diligence
Amy Conway-Hatcher                                                                                  Using cost-effective measures to carry on your due diligence
Partner                                                                                       Kevin Abikoff
MORGAN, LEWIS & BOCKIUS                                                                       Partner
Maria Gonzalez Calvet                                                                         HUGHES HUBBARD
MORGAN, LEWIS & BOCKIUS                                                                       Larry V. Buel
Tara Flanagan                                                                                 Director, International and Domestic Agreements, Compliance
Director,World Wide Public Sector Compliance & Product Security                               RAYTHEON COMPANY
CISCO SYSTEMS                                                                                 Robert Rosen
Johanna Rogers                                                                                Risk & Compliance Specialist
Chief of Compliance and Chief Compliance Officer                                               DOW JONES
SUNGARD                                                                                       Anne Caputo
                                                                                              Executive Director, DOW JONES & COMPANY
                                                                                              President, SPECIAL LIBRARIES ASSOCIATION




Main Conference                                                              | Day One | Tuesday, September 22, 2009

7:45        REGISTRATION AND COFFEE                                                                           Changing compliance expectations by enforcement agencies
                                                                                                              The likelihood of concurrent U.S. and international investigation
8:30        CO-CHAIRS’ OPENING REMARKS                                                                        Increased competitor reports because of corrupt activities
                                                                                                          Moderator:
8:45        THE IMPORTANT NEW TRENDS IN FCPA
                                                                                                          Philip Urofsky
            ENFORCEMENT: LOOKING AT 2009 AND BEYOND                                                       Partner
            The number of FCPA enforcement actions pursued by U.S. authorities
                                                                                                          SHEARMAN & STERLING LLP
            has recently increased dramatically. So has the corresponding rise in
                                                                                                          (Formerly Assistant Chief of the Fraud Section of the Department of Justice)
            the penalties paid by companies in settlement of enforcement actions.
            In 2003, there were two actions. That figure increased to 42 in 2007—                          Panel:
            and the number for 2008 almost equaled that. The figures for 2009                              Donald W. Freese
            reflect that same trend. Eight-figure FCPA penalties have now become                            Supervisory Special Agent, International Program Manager Public Corruption Unit
            commonplace. And these staggering numbers are just the beginning                              FEDERAL BUREAU OF INVESTIGATION
            of the FCPA enforcement actions—far more is about to happen to                                Steven Tyrrell
            corporations of every size who engage in corruption.                                          Chief, Fraud Section – Criminal Division
            This session is moderated by a prominent Washington lawyer who,                               U.S. DEPARTMENT OF JUSTICE
            when he was with the DOJ, tried more FCPA cases than any other                                Stephanie Shuler
            attorney.You will learn about:                                                                Branch Chief, Division of Enforcement
                The potent new risk: how the authorities are charging                                     U.S. SECURITIES AND EXCHANGE COMMISSION
                individuals or the corporations separately and in sequence to
                build their case                                                              10:00       NETWORKING COFFEE BREAK
                Lessons learned from recent investigations and prosecutions
                The significant increases in costs for violators                               10:30       THE GLOBAL ANTI-CORRUPTION EFFORTS
                The latest enforcement priorities from the DOJ and SEC                                        Assessing the OECD, OAS and UN convention and its impact
                Which industries are exposed to the most risk — and why?                                      on eradicating anti-corruption

Media Partners:
                                                                                                          Don't Miss Early Bird Pricing! See p.7 for Details.                          3
Main Conference                                                      | Day One | Tuesday, September 22, 2009

            Recent anti-corruption initiatives and enforcements in                     12:30     NETWORKING LUNCHEON FOR
            emerging markets                                                                     SPEAKERS AND DELEGATES
            Comparative regional risks: CEE, Asia, Latin America and Middle                      Gary Grindler
            East/Africa, including China, India and Russia                                       Deputy Assistant Attorney General
            The other players: OECD, the United Nations and                                      US. DEPARTMENT OF JUSTICE
            Transparency International                                                           You will gain an interesting perspective from Mr. Grindler, who
            A review of non-U.S. landmark cases and enforcement actions                          oversees the Fraud Section of the Criminal Division, giving him
            Cultural issues that can undermine compliance initiatives                            oversight of the FCPA program in the Department of Justice
        Nicola Bonucci
        Director of Legal Affairs                                                      2:00      PREPARING FOR AND CONDUCTING BOTH
        ORGANIZATION FOR ECONOMIC CO-OPERATION                                                   INTERNAL AND GLOBAL INVESTIGATIONS
        AND DEVELOPMENT                                                                          FOR CORRUPTION
        (Paris, France)                                                                              How to determine whether an investigation is necessary
        Nancy Z. Boswell                                                                             – when should it be conducted?
        President & CEO                                                                              – who should do it—inside or outside counsel?
        TRANSPARENCY INTERNATIONAL/USA                                                               The scope of the investigation
                                                                                                     Privilege and privacy issues
        Stuart C. Gilman
                                                                                                     The data-privacy issues in EU countries and elsewhere
        Deputy Director, Stolen Asset Recovery Initiative and Senior Advisor,
                                                                                                     Record-keeping in less developed countries
        Governance, Security and the Rule of Law Section, Division for Operations
                                                                                                     Information collection techniques outside the US
        UNITED NATIONS OFFICE ON DRUGS AND CRIME
                                                                                                     Data collection
        (Vienna, Austria)
                                                                                                     In-country issues
                                                                                                     What should be done with the results of the investigation—
11:30   THE CRITICAL STEPS REQUIRED TO CRAFT
                                                                                                     and how to resolve it
        AN INNOVATIVE AND EFFECTIVE GLOBAL
                                                                                                     Avoiding a monitor
        ANTI-CORRUPTION PROGRAM
                                                                                                     Doing business while under investigation
        Every U.S. company can minimize the risks of FCPA liability by
        establishing a carefully tailored compliance program that educates                       Moderator:
        employees about the conduct that is prohibited by the FCPA, a clear                      Baruch Weiss
        signal that management takes such prohibition seriously. An effective                    Partner
        FCPA compliance program increases the odds that any misconduct will                      ARENT FOX
        be detected and deterred at an early stage. How can such a program                       Panel:
        be established? And what is required? In this session, you will learn:                   Mark F. Mendelsohn
            Why an FCPA compliance program should be viewed as an                                Deputy Chief, Fraud Section, Criminal Division
            essential risk management tool                                                       U.S. DEPARTMENT OF JUSTICE
            What a company’s system of fraud risk needs to accomplish
                                                                                                 Gary E. Giampetuzzi
            The key controls that will prevent improper payment and fraud
                                                                                                 Assistant General Counsel and Deputy Compliance Officer,
            How your financial accounting system can identify fraud and
                                                                                                 International Investigations and Programs
            payments that might be questioned
                                                                                                 PFIZER INC.
            The key steps that should be adopted in a program
            How companies with effective compliance programs will be
                                                                                       3:00      REFRESHMENT BREAK
            rewarded in settlement negotiations—and how those without
            them will receive harsher punishments
                                                                                       3:15      INTERNATIONAL DOCUMENT REVIEW: HOW TO
            How to establish effective training sessions for the company
                                                                                                 STREAMLINE YOUR INVESTIGATION
            after implementing the program
                                                                                                     Dealing with foreign language and translation.
            The lessons to be learned from Lucent’s failure to adopt a program
                                                                                                     International access to domestic documents.
        Moderator:                                                                                   Domestic access to international documents.
        Alexander Brigham                                                                            Rules and regulations around access to e-discovery.
        Executive Director                                                                           Identification of irrelevant and duplicate documents.
        THE ETHISPHERE INSTITUTE                                                                     Concept searching and clustering for more efficient and
        Panel:                                                                                       accurate review.
        Julia K. Bailey                                                                          Ian Campbell
        Assistant General Counsel, International Transactions and Compliance                     Chief Operating Officer
        HONEYWELL INTERNATIONAL                                                                  ICONECT DEVELOPMENT LLC
        Andrew Hinton
        Associate General Counsel and Global Ethics & Compliance Officer                4: 15     SUCCESSFULLY WORKING WITH THE
        GOOGLE Inc.                                                                              NEWEST DEVELOPMENTS IN THE IMPOSITION
        Cheryl Scarboro                                                                          OF COMPLIANCE MONITORS
        Associate Director-Division of Enforcement                                               The Department of Justice recently released guidelines for selection
        U.S. SECURTIES AND EXCHANGE COMMISSION                                                   and use of monitors in deferred and non-prosecution agreements.
                                                                                                 A component of such agreements is often the imposition of a

                                                                               Media Partners:
4 Register Today! Call Andrew: 416.597.4728
Main Conference                                                     | Day One | Tuesday, September 22, 2009

         corporate monitor who is charged with, among other things,                           Invaluable lessons learned from the experiences of Baker
         reviewing the company’s FCPA policies and procedures and making                      Hughes and Vetco
         recommendations to ensure future FCPA compliance. But it is a                     Moderator and Speaker
         minefield fraught with complications. In this presentation, moderated              Michael J. Hershman
         by Michael Hershman,, who was recently named as one of 2008’s most                President and CEO
         influential people in business ethics, and featuring two very prominent            THE FAIRFAX GROUP
         Americans who have served as monitors, you will learn:                            (Independent Compliance Advisor to Siemens AG and Independent
             Understanding the choices: when and how to negotiate for a                    Monitor to several corporations)
             consultant instead of a monitor                                               Panel:
             The newest DOJ guidelines for hiring monitors                                 David Samson
             What is the exact role of the monitors—and the powers that they               Partner
             can exercise?                                                                 WOLFF & SAMSON PC
                                                                                           (Federal Monitor for Smith & Nephew; Former Attorney-General
             How can the corporation be prepared to work with a monitor?
                                                                                           of New Jersey)
             – establishing an effective working relationship
             – how to control the potentially enormous costs                               Debra Wong Yang
                                                                                           Partner
             – the oversight of the monitor
                                                                                           GIBSON DUNN & CRUTCHER
             How to minimize business disruption when working with a Monitor               (Independent Monitor for DePuy; Former U.S. Attorney for the
             What kinds of changes should be made in the company before                    District of California)
             the monitor arrives?
                                                                                    5:15   CONFERENCE ADJOURNS



Main Conference                                                     | Day Two | Wednesday, September 23, 2009

8:30     CO-CHAIRS’ OPENING REMARKS                                                 9:45   CONDUCTING DUE DILIGENCE OF FOREIGN
                                                                                           THIRD PARTIES TO MINIMIZE LIABILITY RISKS
8:45     KNOWING EXACTLY WHERE TO DRAW THE                                                 The majority of FCPA enforcement cases brought by the DOJ and SEC
         LINE: THE DIFFERENCES BETWEEN                                                     involve the use of third party intermediaries. This development has
         PERMISSIBLE GIFTS, ENTERTAINMENT AND                                              made companies realize that they must be vigilant about due diligence
         TRAVEL FOR FOREIGN OFFICIALS-AND BRIBES                                           in hiring intermediaries. Companies positioned worldwide dealing
         While prohibiting payment of any money or thing of value to foreign               with local customs and local managers must understand and develop
         officials to obtain or retain business, the FCPA permits incurring
                                                                                           global operational controls. In this presentation, you will learn how
         certain expenses on behalf of those same officials. It recognizes the
         practical realities of doing business overseas. But there is a right way          to develop a due diligence program that can greatly mitigate the risk
         and wrong way to handle gifts, travel and entertainment.—and the                  presented by intermediaries. You will learn:
         subtle differences must be clearly understood. In this session, you will              How to institute a pre-hiring due diligence program
         learn about the limits of permissible payments and how to deal with                   The background checks that are required
         them. You will hear:                                                                  What a U.S. company must identify about the intermediary
             Recent and important case studies which illustrate the wrong                      – the types of third parties
             way to handle travel and lodging expenses                                         – regional and country factors
             The right way to handle the payments                                              The specific disclosures that must be made by the intermediary
             The guidance by the DOJ on how to incur travel and lodging                        How to structure the necessary contractual provisions
             expenses for government officials                                                  and certifications
             The FCPA’s definition of facilitating payments: when does a                        The “red flags” that need to be explored
             payment become a bribe?                                                           The oversight required by a company over the intermediary
             The use of extortion, duress and custom as defense
                                                                                               Why third-party intermediaries should attend and complete
             How to satisfy U.S. law recordation requirements
                                                                                               certifications in FCPA training
         Patrick J. Garver
         Executive Vice President and General Counsel                                      Moderator & Speaker
         BARRICK GOLD CORPORATION                                                          Joel Kirsch
                                                                                           Vice President, Chief Compliance Officer & Associate General Counsel
         Jay G. Martin
         Vice President, Chief Compliance Officer & Senior Deputy General Counsel           SIEMENS CORPORATION
         BAKER HUGHES                                                                      Panel
         Michael L. Burton                                                                 Sharon Zealey
         Partner                                                                           Chief Ethics and Compliance Officer
         ARENT FOX                                                                         COCA-COLA LTD.
                                                                                           Raja Chatterjee                                Nathan J. Muyskens
                                                                                           Global Head, Anti-Corruption Group             Partner
                                                                                           MORGAN STANLEY                                 Shook, Hardy & Bacon

Media Partners:
                                                                                           Register Today! Call Andrew: 416.597.4728                             5
Main Conference                                                   | Day Two | Wednesday, September 23, 2009

10:45   REFRESHMENT BREAK                                                                   this unique presentation, learn about:
                                                                                                Why the sheer volume of state-owned companies worldwide
11:15   WHAT EVERY AMERICAN COMPANY SHOULD                                                      (China alone has over 100,000) and the fact that many operate
        KNOW ABOUT SUCCESSFUL PROACTIVE RISK                                                    across borders as owners of joint ventures make them so
        AND COMPLIANCE STRATEGIES TO MAXIMIZE                                                   difficult to identify
        ANTI-CORRUPTION M&A DUE DILIGENCE                                                       How the differences between local language and translated
        Unwary companies—both large and small--can end up buying FCPA                           websites can mislead companies and compliance departments,
        liability by failing to conduct appropriate due diligence of their                      causing them to base key decisions on misinformation
        intended partner in mergers and acquisitions. Companies alert to                        How to overcome these significant hurdles
        the risk have been able to avoid successor liability altogether or                      How new research capabilities can identify and track state-
        obtain assurances about the scope of potential FCPA liability before                    owned companies
        the transaction is complete. In this presentation, learn what every                     How a unique new anti-corruption database, launched in
        American company of any size should pay careful attention to the                        December, 2008, is the only worldwide mechanism that
        potential exposure created by these transactions. Using actual case                     enables firms to verify their employee actions and significantly
        studies, you will learn:                                                                reducing risk.
             How effective pre-acquisition due diligence uncovered alleged                  Moderator:
             FCPA violations in proposed mergers                                            Robert Rosen
             How successful companies protect themselves                                    Risk & Compliance Specialist
             The two recent DOJ opinion releases about how companies                        DOW JONES
             should approach pre-acquisition due diligence
                                                                                            Panel:
             Invaluable lessons for every corporation learned from the
                                                                                            Larry V. Buel
             experiences of General Electric, Lockheed Martin, Johnson
                                                                                            Director, International and Domestic Agreements, Compliance
             Controls and other smaller American companies
                                                                                            RAYTHEON COMPANY
             The importance of post-acquisition obligations
             The steps every U.S. company should take to mitigate the risk                  Jeff Harwin
             of FCPA liability                                                              Director of the Global Monetary and Financial Control Group
                                                                                            MERRILL LYNCH INC.
        Jeffrey C. Eglash
        Senior Counsel, Investigations/Compliance                                           Dan Zarin
        GENERAL ELECTRIC COMPANY                                                            Partner
                                                                                            HOLLAND & KNIGHT
        Matthew O.Tanzer
        Vice President and Chief Compliance Officer
                                                                                   2:30     THE NEWEST IMPORTANT ART: DEFENDING
        TYCO INTERNATIONAL
                                                                                            INDIVIDUALS UNDER THE FCPA
                                                                                            Mark Mendelson, the Justice Department official responsible for
12:15   NETWORKING LUNCHEON FOR
                                                                                            criminal prosecutions under the FCPA, has left no doubt that the
        SPEAKERS AND DELEGATES
                                                                                            U.S. government is now actively targeting individuals under the FCPA.
        SPECIAL LUNCHEON ADDRESS
                                                                                            He recently said that: “The number of individual prosecutions has risen
        Paul J. McNulty
                                                                                            – and that’s not an accident.That is quite intentional on the part of the
        Partner
                                                                                            Department. It is our view that to have a credible deterrent effect, people
        BAKER & McKENZIE
                                                                                            have to go to jail. People have to be prosecuted where appropriate.This is a
        Mr. McNulty was U.S. Deputy Attorney General, the second highest-
                                                                                            federal crime.This is not fun and games.”
        ranking official in the Department of Justice, from 2005-2007. For
                                                                                            In this session, learn about the DOJ’s increasing focus on individual
        more than two decades, he played a leading role in shaping U.S. law
                                                                                            prosecutions and find out:
        enforcement policy.
                                                                                                The latest information, complete with case studies, about individual
                                                                                                prosecutions: how did they get caught and what happened?
1:30    CUTTING-EDGE METHODS FOR OVERCOMING
                                                                                                The complications of defending individuals under the legislation —
        THE SIGNIFICANT CORRUPTION RISK OF
                                                                                                and the possible collision between individual and corporate interests
        STATE-OWNED COMPANIES
                                                                                                When should separate counsel be provided for individuals?
        A key component to any anti-corruption program is correctly
                                                                                                The defenses that are available for individuals
        identifying state-owned companies and their employees (who are
                                                                                                The keys to mounting a successful defense
        considered government officials) so compliance executives can treat
                                                                                                Who pays for the defense—the individual or the company
        those relationships with appropriate oversight and control. Failing to
        recognize and address state employees as such puts companies at risk
                                                                                  3:20      REFRESHMENT BREAK
        of violating corruption regulations and opens them up to prosecution,
        reputation damage and financial penalties. But there are solutions. In


                                                                          Media Partners:
6 Register Today! Call Andrew: 416.597.4728
3:40        THE INCREDIBLY VALUABLE LESSONS                                                                  experience. You will discover:
            EVERY COMPANY CAN LEARN FROM THE                                                                     How the wrong corporate structure can cause FCPA problems
            SIEMENS EXPERIENCE                                                                                   When operating groups and foreign subsidiaries are accountable
            Siemens AG, a global powerhouse in electronics and electrical                                        for their bottom line, but little else, there is a breeding ground for
            engineering with 400,000 employees and yearly revenues above $100                                    corruption
            billion, pleaded guilty to FCPA charges in late December of 2008 and                                 What happens when ethics training does not happen
            was slammed with the highest fines in the legislation’s history. It was                               When compliance personnel and inside auditors are choked off
            a company that tolerated fraud, deceit, concealment. There were                                      from resources and hobbled by internal restrictions and a
            slush funds used to bribe public officials. As well, there were phony                                 confused mission, corruption can flourish
            contracts, fake invoices and a boardroom that knew for years what                                    What ensues when reliable reports of corruption were
            was happening but feigned ignorance.                                                             not investiged.
            How could this ever have happened?                                                               Joel Kirsch
            In this fascinating presentation, hear Joel Kirsch, the company’s chief                          Vice President, Chief Compliance Officer & Associate General Counsel
            compliance officer, together with one of the company’s prominent                                  SIEMENS CORPORATION
            defense lawyer in the matter, describe what happened and how every
            company in America—large and small--can learn from the Siemens                            4:30       CONFERENCE CONCLUDES

   CLE CREDITS AVAILABLE!
   IQPC will seek CLE accreditation in those states requested by registrants (post conference) which have
   continuing education requirements. This is subject to the rules, regulations and restrictions dictated
   by each individual state organization. Application for accreditation of this course or program in all CLE
   approved states is currently pending. For Financial Aid Policy information and to request CLE credits,
   please indicate so when calling to register: 1-800-882-8684, or on the online registration form.

IN HOUSE COUNSEL                  REGISTER BY 6/26/2009            REGISTER BY 7/17/2009             REGISTER BY 7/31/2009             REGISTER BY 8/28/2009            STANDARD PRICING
Conference Only                   $999 (SAVE $600)                 $1,099 (SAVE $500)                $1,199 (SAVE $400)                $1,299 (SAVE $200)               $1,399
All Access Pricing                $1,699 (SAVE $798)               $1,799 (SAVE $698)                $1,899 (SAVE $598)                $2,099 (SAVE $398)               $2,299 (SAVE $198)
Workshops Only                    $549 each                        $549 each                         $549 each                         $549 each                        $549 each

ALL OTHERS                                                                                           REGISTER BY 7/31/2009             REGISTER BY 8/28/2009            STANDARD PRICING
Conference Only                                                                                      $1,499 (SAVE $600)                $1,699 (SAVE $400)               $2,099
All Access Pricing                                                                                   $2,199 (SAVE $998)                $2,599 (SAVE $598)               $2,999 (SAVE $198)
Workshops Only                                                                                       $549 each                         $549 each                        $549 each

*The All Access Pass provides you full access to the main conference sessions and all available workshops.


Please note that multiple discounts cannot be combined.                                         DETAILS FOR MAKING PAYMENT VIA EFT OR WIRE TRANSFER:
                                                                                                JPMorgan Chase
A $99 processing charge will be assessed to all registrations not                               Penton Learning Systems LLC dba IQPC: 957-097239
accompanied by credit card payment at the time of registration.                                 ABA/Routing #: 021000021 Reference:
                                                                                                Please include the name of the attendee(s)and the event number: 10631.004
MAKE CHECKS PAYABLE IN U.S. DOLLARS TO: IQPC
                                                                                                PAYMENT POLICY: Payment is due in full at the time of registration and
* CT residents or people employed in the state of CT must add                                   includes lunches, refreshment and detailed conference materials. Your
6% sales tax.                                                                                   registration will not be confirmed until payment is received and may be
                                                                                                subject to cancellation. For IQPC’s Cancellation,
                                                                                                Postponement and Substitution Policy, please visit www.iqpc.com/
                                                                                                cancellation




                                                                                                ©2009 IQPC. All Rights Reserved. The format, design, content and arrangement of this
                                                                                                brochure constitute a trademark of IQPC. Unauthorized reproduction will be actionable under
                                                                                                the Lanham Act and common law principles.


Media Partners:
                                                                                                             Register Today! Call Andrew: 416.597.4728                                       7
REGISTRATION CARD                                      International Quality & Productivity Center
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YES! Please register me for . . .                                                    New York, NY 10017
Foreign Corrupt
Practices Act
                                                     TM




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Name___________________________________________ Job Title ________________________
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J I cannot attend, but please keep me informed of all future events.                 Event # 10631.004




                                                             September 21-23, 2009                              Defining New
                                                                   Washington, D.C.                             Strategies in
                                                                                                                Global Anti-
Foreign Corrupt                                                                                                 Corruption for
                                                                                                                2009 and Beyond

Practices Act
                                                                                      TM




 Defining New Strategies in Global Anti-Corruption for 2009 and Beyond

Sponsors:




Supporting Partners:




Register Today! Call Andrew: 416.597.4728 or e-mail: andrew.drummond@iqpc.com

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FCPA Summit Agenda 2009

  • 1. September 21-23, 2009 HEAR FROM PARTICIPATING ORGANIZATIONS: Washington, D.C. Baker & McKenzie Baker Hughes Foreign Corrupt Barrick Gold Corporation Citigroup Coca-Cola Ltd. Dow Jones Federal Bureau of Investigation Practices Act TM General Electric Company Gibson, Dunn & Crutcher Google Inc. Holland & Knight Defining New Strategies in Global Anti-Corruption for 2009 and Beyond Honeywell International Lockheed Martin Corporation McDonald’s Corporation Merrill Lynch Morgan Lewis Morgan Stanley Organization for Economic Co-Operation and Development Pfizer Inc. Raytheon Company Shearman & Sterling Siemens AG This is the Premiere FCPA Event Expert Advisory Board: The Ethisphere Institute in the U.S. to learn about: Nancy Z. Boswell The Fairfax Group TRANSPARENCY INTERNATIONAL Transparency International USA The potent new risk of charging individuals for violations Alexander Brigham, Executive Director Tyco International THE ETHISPHERE INSTITUTE The latest enforcement U.S. Department of Justice Sharie A. Brown, Partner, DLA PIPER priorities from the DOJ U.S. Securities and and SEC Joel Kirsch, Vice President, Chief Compliance Exchange Commission Officer and Associate General Counsel Lessons learned from recent SIEMENS CORPORATION United Nations Office on investigations and prosecutions Drugs and Crime Paul J. McNulty, (Former Deputy AG of the U.S.) Wolff & Sampson Which industries are exposed to the most risk—and why Philip Urofsky, Partner, SHEARMAN & STERLING The coming changes in FCPA EARN CLE CREDITS! enforcement Government Representation: Steven Tyrrell, Chief, Fraud Section – Criminal Division The incredibly valuable lessons U.S. DOJ for every American company learned from the Siemens Mark F. Mendelsohn, Deputy Chief, Fraud Section, Criminal Division, U.S. DOJ experience Donald W. Freese, Supervisory Special Agent, The differences between International Program Manager, permissible gifts—and bribes Public Corruption Unit, FBI Cutting-edge methods for Stephanie Shuler, Branch Chief, Division of Enforcement, U.S. SEC overcoming corruption risks Gary Grindler, Deputy Assistant Attorney General, The newest exposure for banks: US. Department of Justice corruption charges And many more! Sponsors: Media Partners: Supporting Partners: Register Today! Call Andrew: 416.597.4728 or email: andrew.drummond@iqpc.com
  • 2. NETWORK WITH YOUR PEERS! Foreign Corrupt Director of Corporate Conduct and Compliance Compliance and Ethics Practices Act TM Officers Compliance Counsel Dear Colleague, General Counsel There has been a recent enormous explosion in FCPA and anti-corruption Vice Presidents and Directors of: enforcement by U.S. and foreign governments all around the world.That explosion Corporate Compliance has now produced unprecedented risk everywhere. Legal Affairs Just consider: the annual number of FCPA enforcement actions alone has increased over fourteen Special Investigations fold from 2003-2009. And that figure does not take into account the enforcement actions by Business Conduct foreign anti-corruption authorities who are now working hand-in-hand with the American Ethics government. Integrity As the risks keep spreading to more and more industries, no American company can even Corporate Social remotely afford the consequences of non-compliance. Responsibility Those consequences have now become quite severe: heavy civil and criminal International Trade and penalties for both individuals and corporations; large profit losses and, ever more, the Regulatory imposition of expensive independent monitors on companies who break the rules. Internal Audit Is your company completely up-to-date in its strategic planning to meet those risks? Contracts The increasingly difficult and changing challenges are impossible to meet without an effective Trade Compliance anti-corruption and compliance program that requires constant reassessment. Why even take the Sustainable Development chance? That is why IQPC is holding its Foreign Corrupt Practices Act: Minimizing Risk and Defining New Strategies in Global Anti-Corruption in the heart of the nation’s capital, Washington, D.C. on September 21-23, 2009. This is an outstanding learning experience. After extensively researching the most cutting-edge and up-to-date developments, IQPC will bring together all of the leading experts in FCPA: government officials, general counsel, outside counsel, and consultants who spend all of their waking hours working with the legislation, its implementation and its consequences. Through the use of interactive case studies, you will learn: The potent new risks against individuals in corporations—and how to defend them How to build the right set of controls to prevent violations The industries at greatest risk—now including the banks How to incorporate the important changes that are required for your ALSO: compliance program as a result of recent cases against both companies and Forensic Accountants the individuals involved in them Heads of Investigation The best steps you can take to design and implement due diligence on any prospective Forensic Investigators foreign third party relationship Prosecutors The latest rules on when—and how—to make voluntary disclosure What you can do—and not do—when courting foreign companies and Certified Fraud Examiners government officials How to incorporate the strongest FCPA auditing requirements into your Private practitioners in: company’s compliance program Fraud How to effectively deal with and control the costs arising from the imposition of Corporate Crime expensive monitors—if it ever happens to you How to fully prepare for the growth in investigations Anti-Money Laundering White Collar You cannot afford to miss the premiere FCPA event in America! International Trade and I look forward to seeing you in Washington D.C.! Business Transactions Kindest regards, Foreign Investment Regulatory Compliance Corporate Compliance Fred Sagal, MA., LL.M and Governance Conference Director Administrative Law Internal Investigation 2 Register Today! Call Andrew: 416.597.4728 or email: andrew.drummond@iqpc.com
  • 3. PRE-CONFERENCE WORKSHOPS Monday, September 21, 2009 10:00 a.m. - 1:00 p.m. WORKSHOP A 1:30-4:30 WORKSHOP B FCPA COMPLIANCE CHALLENGES IN EMERGING MARKETS: AN INTRICATE GUIDE TO CONDUCTING DUE DILIGENCE IN ENFORCEMENT GOES GLOBAL DIFFERENT COUNTRIES: AN INVALUABLE GUIDE FOR EVERY AMERICAN CORPORATE OFFICIAL IN ANTI-CORRUPTION When doing business in any foreign jurisdiction, companies should make every effort Recent experiences in enforcement have clearly shown that any company which to align their business strategy closely with local cultures, languages, business practices does international business will face serious civil and criminal consequences as and regulations. In emerging markets like Brazil, Argentina,Venezuela, Russia, India, and well as severe financial penalties if the foreign third parties they deal with commit China, however, certain generally accepted business practices add a layer of risk for bribery or other corrupt moves. Continual compliance becomes a strong corruption and bribery that require companies to carefully oversee and monitor their imperative. But the exact nature of that compliance is often not understood by businesses to limit the risk of FCPA violations. officials in U.S. companies. Strong compliance programs and effective internal investigations are essential to In this interactive workshop, you will learn from top experts in the field of due managing these risks. This interactive workshop will guide you through the compliance diligence about the strategies that are required to stop this. You will find out how steps necessary to identify control and environmental weaknesses and to protect your to investigate your potential business partners and get up-to-date information on: company against potential FCPA violations in emerging markets. The exact requirements you are expected to know about your foreign It will also outline the process of conducting a cross-border, anti-corruption partners or intermediaries investigation that seeks to preserve the integrity of the investigation while balancing How to establish a policy for due diligence issues like the attorney client privilege and work product protection, the challenges of How to gather information about the officers and directors of the foreign partners or intermediaries while still honoring privacy laws international evidence gathering, cooperation with foreign and U.S. authorities, adhering The steps required to monitor intermediaries once you establish your to local customs and cultural sensitivities, and managing the unique obstacles present in relationship with them emerging markets. The steps you should perform for in-house due diligence Amy Conway-Hatcher Using cost-effective measures to carry on your due diligence Partner Kevin Abikoff MORGAN, LEWIS & BOCKIUS Partner Maria Gonzalez Calvet HUGHES HUBBARD MORGAN, LEWIS & BOCKIUS Larry V. Buel Tara Flanagan Director, International and Domestic Agreements, Compliance Director,World Wide Public Sector Compliance & Product Security RAYTHEON COMPANY CISCO SYSTEMS Robert Rosen Johanna Rogers Risk & Compliance Specialist Chief of Compliance and Chief Compliance Officer DOW JONES SUNGARD Anne Caputo Executive Director, DOW JONES & COMPANY President, SPECIAL LIBRARIES ASSOCIATION Main Conference | Day One | Tuesday, September 22, 2009 7:45 REGISTRATION AND COFFEE Changing compliance expectations by enforcement agencies The likelihood of concurrent U.S. and international investigation 8:30 CO-CHAIRS’ OPENING REMARKS Increased competitor reports because of corrupt activities Moderator: 8:45 THE IMPORTANT NEW TRENDS IN FCPA Philip Urofsky ENFORCEMENT: LOOKING AT 2009 AND BEYOND Partner The number of FCPA enforcement actions pursued by U.S. authorities SHEARMAN & STERLING LLP has recently increased dramatically. So has the corresponding rise in (Formerly Assistant Chief of the Fraud Section of the Department of Justice) the penalties paid by companies in settlement of enforcement actions. In 2003, there were two actions. That figure increased to 42 in 2007— Panel: and the number for 2008 almost equaled that. The figures for 2009 Donald W. Freese reflect that same trend. Eight-figure FCPA penalties have now become Supervisory Special Agent, International Program Manager Public Corruption Unit commonplace. And these staggering numbers are just the beginning FEDERAL BUREAU OF INVESTIGATION of the FCPA enforcement actions—far more is about to happen to Steven Tyrrell corporations of every size who engage in corruption. Chief, Fraud Section – Criminal Division This session is moderated by a prominent Washington lawyer who, U.S. DEPARTMENT OF JUSTICE when he was with the DOJ, tried more FCPA cases than any other Stephanie Shuler attorney.You will learn about: Branch Chief, Division of Enforcement The potent new risk: how the authorities are charging U.S. SECURITIES AND EXCHANGE COMMISSION individuals or the corporations separately and in sequence to build their case 10:00 NETWORKING COFFEE BREAK Lessons learned from recent investigations and prosecutions The significant increases in costs for violators 10:30 THE GLOBAL ANTI-CORRUPTION EFFORTS The latest enforcement priorities from the DOJ and SEC Assessing the OECD, OAS and UN convention and its impact Which industries are exposed to the most risk — and why? on eradicating anti-corruption Media Partners: Don't Miss Early Bird Pricing! See p.7 for Details. 3
  • 4. Main Conference | Day One | Tuesday, September 22, 2009 Recent anti-corruption initiatives and enforcements in 12:30 NETWORKING LUNCHEON FOR emerging markets SPEAKERS AND DELEGATES Comparative regional risks: CEE, Asia, Latin America and Middle Gary Grindler East/Africa, including China, India and Russia Deputy Assistant Attorney General The other players: OECD, the United Nations and US. DEPARTMENT OF JUSTICE Transparency International You will gain an interesting perspective from Mr. Grindler, who A review of non-U.S. landmark cases and enforcement actions oversees the Fraud Section of the Criminal Division, giving him Cultural issues that can undermine compliance initiatives oversight of the FCPA program in the Department of Justice Nicola Bonucci Director of Legal Affairs 2:00 PREPARING FOR AND CONDUCTING BOTH ORGANIZATION FOR ECONOMIC CO-OPERATION INTERNAL AND GLOBAL INVESTIGATIONS AND DEVELOPMENT FOR CORRUPTION (Paris, France) How to determine whether an investigation is necessary Nancy Z. Boswell – when should it be conducted? President & CEO – who should do it—inside or outside counsel? TRANSPARENCY INTERNATIONAL/USA The scope of the investigation Privilege and privacy issues Stuart C. Gilman The data-privacy issues in EU countries and elsewhere Deputy Director, Stolen Asset Recovery Initiative and Senior Advisor, Record-keeping in less developed countries Governance, Security and the Rule of Law Section, Division for Operations Information collection techniques outside the US UNITED NATIONS OFFICE ON DRUGS AND CRIME Data collection (Vienna, Austria) In-country issues What should be done with the results of the investigation— 11:30 THE CRITICAL STEPS REQUIRED TO CRAFT and how to resolve it AN INNOVATIVE AND EFFECTIVE GLOBAL Avoiding a monitor ANTI-CORRUPTION PROGRAM Doing business while under investigation Every U.S. company can minimize the risks of FCPA liability by establishing a carefully tailored compliance program that educates Moderator: employees about the conduct that is prohibited by the FCPA, a clear Baruch Weiss signal that management takes such prohibition seriously. An effective Partner FCPA compliance program increases the odds that any misconduct will ARENT FOX be detected and deterred at an early stage. How can such a program Panel: be established? And what is required? In this session, you will learn: Mark F. Mendelsohn Why an FCPA compliance program should be viewed as an Deputy Chief, Fraud Section, Criminal Division essential risk management tool U.S. DEPARTMENT OF JUSTICE What a company’s system of fraud risk needs to accomplish Gary E. Giampetuzzi The key controls that will prevent improper payment and fraud Assistant General Counsel and Deputy Compliance Officer, How your financial accounting system can identify fraud and International Investigations and Programs payments that might be questioned PFIZER INC. The key steps that should be adopted in a program How companies with effective compliance programs will be 3:00 REFRESHMENT BREAK rewarded in settlement negotiations—and how those without them will receive harsher punishments 3:15 INTERNATIONAL DOCUMENT REVIEW: HOW TO How to establish effective training sessions for the company STREAMLINE YOUR INVESTIGATION after implementing the program Dealing with foreign language and translation. The lessons to be learned from Lucent’s failure to adopt a program International access to domestic documents. Moderator: Domestic access to international documents. Alexander Brigham Rules and regulations around access to e-discovery. Executive Director Identification of irrelevant and duplicate documents. THE ETHISPHERE INSTITUTE Concept searching and clustering for more efficient and Panel: accurate review. Julia K. Bailey Ian Campbell Assistant General Counsel, International Transactions and Compliance Chief Operating Officer HONEYWELL INTERNATIONAL ICONECT DEVELOPMENT LLC Andrew Hinton Associate General Counsel and Global Ethics & Compliance Officer 4: 15 SUCCESSFULLY WORKING WITH THE GOOGLE Inc. NEWEST DEVELOPMENTS IN THE IMPOSITION Cheryl Scarboro OF COMPLIANCE MONITORS Associate Director-Division of Enforcement The Department of Justice recently released guidelines for selection U.S. SECURTIES AND EXCHANGE COMMISSION and use of monitors in deferred and non-prosecution agreements. A component of such agreements is often the imposition of a Media Partners: 4 Register Today! Call Andrew: 416.597.4728
  • 5. Main Conference | Day One | Tuesday, September 22, 2009 corporate monitor who is charged with, among other things, Invaluable lessons learned from the experiences of Baker reviewing the company’s FCPA policies and procedures and making Hughes and Vetco recommendations to ensure future FCPA compliance. But it is a Moderator and Speaker minefield fraught with complications. In this presentation, moderated Michael J. Hershman by Michael Hershman,, who was recently named as one of 2008’s most President and CEO influential people in business ethics, and featuring two very prominent THE FAIRFAX GROUP Americans who have served as monitors, you will learn: (Independent Compliance Advisor to Siemens AG and Independent Understanding the choices: when and how to negotiate for a Monitor to several corporations) consultant instead of a monitor Panel: The newest DOJ guidelines for hiring monitors David Samson What is the exact role of the monitors—and the powers that they Partner can exercise? WOLFF & SAMSON PC (Federal Monitor for Smith & Nephew; Former Attorney-General How can the corporation be prepared to work with a monitor? of New Jersey) – establishing an effective working relationship – how to control the potentially enormous costs Debra Wong Yang Partner – the oversight of the monitor GIBSON DUNN & CRUTCHER How to minimize business disruption when working with a Monitor (Independent Monitor for DePuy; Former U.S. Attorney for the What kinds of changes should be made in the company before District of California) the monitor arrives? 5:15 CONFERENCE ADJOURNS Main Conference | Day Two | Wednesday, September 23, 2009 8:30 CO-CHAIRS’ OPENING REMARKS 9:45 CONDUCTING DUE DILIGENCE OF FOREIGN THIRD PARTIES TO MINIMIZE LIABILITY RISKS 8:45 KNOWING EXACTLY WHERE TO DRAW THE The majority of FCPA enforcement cases brought by the DOJ and SEC LINE: THE DIFFERENCES BETWEEN involve the use of third party intermediaries. This development has PERMISSIBLE GIFTS, ENTERTAINMENT AND made companies realize that they must be vigilant about due diligence TRAVEL FOR FOREIGN OFFICIALS-AND BRIBES in hiring intermediaries. Companies positioned worldwide dealing While prohibiting payment of any money or thing of value to foreign with local customs and local managers must understand and develop officials to obtain or retain business, the FCPA permits incurring global operational controls. In this presentation, you will learn how certain expenses on behalf of those same officials. It recognizes the practical realities of doing business overseas. But there is a right way to develop a due diligence program that can greatly mitigate the risk and wrong way to handle gifts, travel and entertainment.—and the presented by intermediaries. You will learn: subtle differences must be clearly understood. In this session, you will How to institute a pre-hiring due diligence program learn about the limits of permissible payments and how to deal with The background checks that are required them. You will hear: What a U.S. company must identify about the intermediary Recent and important case studies which illustrate the wrong – the types of third parties way to handle travel and lodging expenses – regional and country factors The right way to handle the payments The specific disclosures that must be made by the intermediary The guidance by the DOJ on how to incur travel and lodging How to structure the necessary contractual provisions expenses for government officials and certifications The FCPA’s definition of facilitating payments: when does a The “red flags” that need to be explored payment become a bribe? The oversight required by a company over the intermediary The use of extortion, duress and custom as defense Why third-party intermediaries should attend and complete How to satisfy U.S. law recordation requirements certifications in FCPA training Patrick J. Garver Executive Vice President and General Counsel Moderator & Speaker BARRICK GOLD CORPORATION Joel Kirsch Vice President, Chief Compliance Officer & Associate General Counsel Jay G. Martin Vice President, Chief Compliance Officer & Senior Deputy General Counsel SIEMENS CORPORATION BAKER HUGHES Panel Michael L. Burton Sharon Zealey Partner Chief Ethics and Compliance Officer ARENT FOX COCA-COLA LTD. Raja Chatterjee Nathan J. Muyskens Global Head, Anti-Corruption Group Partner MORGAN STANLEY Shook, Hardy & Bacon Media Partners: Register Today! Call Andrew: 416.597.4728 5
  • 6. Main Conference | Day Two | Wednesday, September 23, 2009 10:45 REFRESHMENT BREAK this unique presentation, learn about: Why the sheer volume of state-owned companies worldwide 11:15 WHAT EVERY AMERICAN COMPANY SHOULD (China alone has over 100,000) and the fact that many operate KNOW ABOUT SUCCESSFUL PROACTIVE RISK across borders as owners of joint ventures make them so AND COMPLIANCE STRATEGIES TO MAXIMIZE difficult to identify ANTI-CORRUPTION M&A DUE DILIGENCE How the differences between local language and translated Unwary companies—both large and small--can end up buying FCPA websites can mislead companies and compliance departments, liability by failing to conduct appropriate due diligence of their causing them to base key decisions on misinformation intended partner in mergers and acquisitions. Companies alert to How to overcome these significant hurdles the risk have been able to avoid successor liability altogether or How new research capabilities can identify and track state- obtain assurances about the scope of potential FCPA liability before owned companies the transaction is complete. In this presentation, learn what every How a unique new anti-corruption database, launched in American company of any size should pay careful attention to the December, 2008, is the only worldwide mechanism that potential exposure created by these transactions. Using actual case enables firms to verify their employee actions and significantly studies, you will learn: reducing risk. How effective pre-acquisition due diligence uncovered alleged Moderator: FCPA violations in proposed mergers Robert Rosen How successful companies protect themselves Risk & Compliance Specialist The two recent DOJ opinion releases about how companies DOW JONES should approach pre-acquisition due diligence Panel: Invaluable lessons for every corporation learned from the Larry V. Buel experiences of General Electric, Lockheed Martin, Johnson Director, International and Domestic Agreements, Compliance Controls and other smaller American companies RAYTHEON COMPANY The importance of post-acquisition obligations The steps every U.S. company should take to mitigate the risk Jeff Harwin of FCPA liability Director of the Global Monetary and Financial Control Group MERRILL LYNCH INC. Jeffrey C. Eglash Senior Counsel, Investigations/Compliance Dan Zarin GENERAL ELECTRIC COMPANY Partner HOLLAND & KNIGHT Matthew O.Tanzer Vice President and Chief Compliance Officer 2:30 THE NEWEST IMPORTANT ART: DEFENDING TYCO INTERNATIONAL INDIVIDUALS UNDER THE FCPA Mark Mendelson, the Justice Department official responsible for 12:15 NETWORKING LUNCHEON FOR criminal prosecutions under the FCPA, has left no doubt that the SPEAKERS AND DELEGATES U.S. government is now actively targeting individuals under the FCPA. SPECIAL LUNCHEON ADDRESS He recently said that: “The number of individual prosecutions has risen Paul J. McNulty – and that’s not an accident.That is quite intentional on the part of the Partner Department. It is our view that to have a credible deterrent effect, people BAKER & McKENZIE have to go to jail. People have to be prosecuted where appropriate.This is a Mr. McNulty was U.S. Deputy Attorney General, the second highest- federal crime.This is not fun and games.” ranking official in the Department of Justice, from 2005-2007. For In this session, learn about the DOJ’s increasing focus on individual more than two decades, he played a leading role in shaping U.S. law prosecutions and find out: enforcement policy. The latest information, complete with case studies, about individual prosecutions: how did they get caught and what happened? 1:30 CUTTING-EDGE METHODS FOR OVERCOMING The complications of defending individuals under the legislation — THE SIGNIFICANT CORRUPTION RISK OF and the possible collision between individual and corporate interests STATE-OWNED COMPANIES When should separate counsel be provided for individuals? A key component to any anti-corruption program is correctly The defenses that are available for individuals identifying state-owned companies and their employees (who are The keys to mounting a successful defense considered government officials) so compliance executives can treat Who pays for the defense—the individual or the company those relationships with appropriate oversight and control. Failing to recognize and address state employees as such puts companies at risk 3:20 REFRESHMENT BREAK of violating corruption regulations and opens them up to prosecution, reputation damage and financial penalties. But there are solutions. In Media Partners: 6 Register Today! Call Andrew: 416.597.4728
  • 7. 3:40 THE INCREDIBLY VALUABLE LESSONS experience. You will discover: EVERY COMPANY CAN LEARN FROM THE How the wrong corporate structure can cause FCPA problems SIEMENS EXPERIENCE When operating groups and foreign subsidiaries are accountable Siemens AG, a global powerhouse in electronics and electrical for their bottom line, but little else, there is a breeding ground for engineering with 400,000 employees and yearly revenues above $100 corruption billion, pleaded guilty to FCPA charges in late December of 2008 and What happens when ethics training does not happen was slammed with the highest fines in the legislation’s history. It was When compliance personnel and inside auditors are choked off a company that tolerated fraud, deceit, concealment. There were from resources and hobbled by internal restrictions and a slush funds used to bribe public officials. As well, there were phony confused mission, corruption can flourish contracts, fake invoices and a boardroom that knew for years what What ensues when reliable reports of corruption were was happening but feigned ignorance. not investiged. How could this ever have happened? Joel Kirsch In this fascinating presentation, hear Joel Kirsch, the company’s chief Vice President, Chief Compliance Officer & Associate General Counsel compliance officer, together with one of the company’s prominent SIEMENS CORPORATION defense lawyer in the matter, describe what happened and how every company in America—large and small--can learn from the Siemens 4:30 CONFERENCE CONCLUDES CLE CREDITS AVAILABLE! IQPC will seek CLE accreditation in those states requested by registrants (post conference) which have continuing education requirements. This is subject to the rules, regulations and restrictions dictated by each individual state organization. Application for accreditation of this course or program in all CLE approved states is currently pending. For Financial Aid Policy information and to request CLE credits, please indicate so when calling to register: 1-800-882-8684, or on the online registration form. IN HOUSE COUNSEL REGISTER BY 6/26/2009 REGISTER BY 7/17/2009 REGISTER BY 7/31/2009 REGISTER BY 8/28/2009 STANDARD PRICING Conference Only $999 (SAVE $600) $1,099 (SAVE $500) $1,199 (SAVE $400) $1,299 (SAVE $200) $1,399 All Access Pricing $1,699 (SAVE $798) $1,799 (SAVE $698) $1,899 (SAVE $598) $2,099 (SAVE $398) $2,299 (SAVE $198) Workshops Only $549 each $549 each $549 each $549 each $549 each ALL OTHERS REGISTER BY 7/31/2009 REGISTER BY 8/28/2009 STANDARD PRICING Conference Only $1,499 (SAVE $600) $1,699 (SAVE $400) $2,099 All Access Pricing $2,199 (SAVE $998) $2,599 (SAVE $598) $2,999 (SAVE $198) Workshops Only $549 each $549 each $549 each *The All Access Pass provides you full access to the main conference sessions and all available workshops. Please note that multiple discounts cannot be combined. DETAILS FOR MAKING PAYMENT VIA EFT OR WIRE TRANSFER: JPMorgan Chase A $99 processing charge will be assessed to all registrations not Penton Learning Systems LLC dba IQPC: 957-097239 accompanied by credit card payment at the time of registration. ABA/Routing #: 021000021 Reference: Please include the name of the attendee(s)and the event number: 10631.004 MAKE CHECKS PAYABLE IN U.S. DOLLARS TO: IQPC PAYMENT POLICY: Payment is due in full at the time of registration and * CT residents or people employed in the state of CT must add includes lunches, refreshment and detailed conference materials. Your 6% sales tax. registration will not be confirmed until payment is received and may be subject to cancellation. For IQPC’s Cancellation, Postponement and Substitution Policy, please visit www.iqpc.com/ cancellation ©2009 IQPC. All Rights Reserved. The format, design, content and arrangement of this brochure constitute a trademark of IQPC. Unauthorized reproduction will be actionable under the Lanham Act and common law principles. Media Partners: Register Today! Call Andrew: 416.597.4728 7
  • 8. REGISTRATION CARD International Quality & Productivity Center 535 5th Avenue, 8th Floor YES! Please register me for . . . New York, NY 10017 Foreign Corrupt Practices Act TM J Conference Only J All Access Pass JA JB (Please choose your workshop) J Workshops Only Your customer registration code is: TLS/AD When registering, please provide the code above. Name___________________________________________ Job Title ________________________ Organization_____________________________________________________________________ Approving Manager________________________________________________________________ Address_________________________________________________________________________ City____________________________________________State______________Zip___________ Phone______________________________________Fax_________________________________ E-mail___________________________________________________________________________ J Please keep me informed via email about this and other related events. 3 EASY WAYS TO REGISTER: J Check enclosed for $_________ (Payable to IQPC) 1 Call: 416-597-4728 J Charge my __Amex __Visa __Mastercard __Diners Club 2 Fax: 416-597-7934 Card #____________________________________Exp. Date___/______ CVM________________ 3 Email: andrew.drummond@iqpc.com Details for making payment via EFT or wire transfer can be found on preceding page. J I cannot attend, but please keep me informed of all future events. Event # 10631.004 September 21-23, 2009 Defining New Washington, D.C. Strategies in Global Anti- Foreign Corrupt Corruption for 2009 and Beyond Practices Act TM Defining New Strategies in Global Anti-Corruption for 2009 and Beyond Sponsors: Supporting Partners: Register Today! Call Andrew: 416.597.4728 or e-mail: andrew.drummond@iqpc.com