Conference programme

As international cooperation and coordination of foreign bribery resolutions transitions at a breath-taking pace from rare to commonplace, the global enforcement landscape has been quickly and dramatically transformed. These changes have brought new challenges to enforcers, companies and their counsels. 

Enhanced cooperation and coordination lie at the heart of the Organisation for Economic Co-operation and Development’s (OECD) 2021 Anti-Bribery Recommendation. Why did the Working Group on Bribery put such a strong emphasis on promoting this practice? What impacts will these recommendations have in practice? And what obstacles will they encounter? 

The panel will unpack the new OECD standards and explore how they might facilitate coordination of investigations and resolutions among member countries and beyond.

Independent corporate monitorships can be a helpful resource and beneficial means of assessing a business organisation’s integrity culture and its compliance with the terms of a corporate resolution. The goal of a monitorship is to serve as an effective means of reducing the risk of the misconduct recurring, including the compliance lapses that gave rise to the underlying corporate resolution.

The need for a monitor and the scope of any monitorship depends on the facts and circumstances of a particular case. Experience to date provides us with important lessons. This panel will discuss relevant aspects of the process, including: 
•    the need for and potential benefits of a monitor; 
•    managing costs; 
•    impacts on the operations of a corporation; 
•    whether current policies and guidance adequately provide for this evolving mechanism; 
•    different models used around the world; and 
•    strategies for mitigating the risk of a monitorship turning into a punishment.
 

In recent years, compliance has catapulted into the digital age, and the future is bright. Technological innovations are transforming how companies assess and mitigate their anti-corruption and other compliance risks. For example, technologies that enable companies to monitor their financial systems for suspicious transactions – a core expectation of an effective compliance programs – have become increasingly effective, accessible and collaborative. Companies are employing machine learning and other forms of artificial intelligence (AI) in seeking to leverage data to bolster their compliance programs.  

Meanwhile, AI-powered natural language processing can help identify potential compliance risks from among unstructured data such as email and social media. AI also can offer predictive insights that support better risk assessment and decision-making, as well as new functionality with the potential to enliven compliance training. Of particular prominence, with the explosion of ChatGPT and similar AI chatbots, all eyes have turned to ways in which generative AI may disrupt the legal and compliance professions, among others, such as crafting policies and procedures.  

This panel will discuss some of the exciting opportunities to leverage technology in concert with human expertise, bolstering compliance programs while hopefully avoiding associated risks and challenges including around data privacy and bias. 

This panel on whistleblowing will provide an update on the latest developments in this critical area. Panellists will discuss advances in the implementation of the EU Whistleblowing Directive and their impact on organisations.  

The panel will also examine new legal and policy developments related to the protection of whistleblowers and the use of digital tools to report misconduct, the intersection of whistleblowing and data privacy, and whistleblowing as a tool for ensuring compliance across the supply chain.

A panel of experts will debate several timely issues relating to multilateral development bank (MDB) debarment and exclusion, including: 

•    The implications of Rosenkrantz et al v Inter-American Development Bank (3 June 2022) for MDB investigations and decisions, such as how systems are not contractually based.
•    Sanctions beyond debarment. 
•    Temporary suspensions and their implications.
•    New prohibited practices that are not part of cross-debarment.
•    MDBs’ treatment of corporate groups and principles of business integrity.

The legal frameworks applicable to corruption and sanctions present some similarities, such as their extraterritorial nature, but also striking differences. There is no universal convention on sanctions comparable to the United Nations Convention Against Corruption, however, the regimes have become increasingly linked one to the other: 
•    In 2021, the UK adopted its global anti-corruption sanctions regime.
•    Since 2022, US authorities have described sanctions as ‘the new FCPA’.
•    In her 2022 State of the Union address, the European Commission president proposed including corruption in the EU human rights sanctions regime, following the path opened by the Global Magnitsky Act. The draft directive on corruption (and related joint communication) further illustrates the new role of the European Union.

Today, some argue that – given that some frozen assets were obtained through corruption – this should be a valid basis for confiscation. At the same time, the implementation of sanctions regime can lead to an increase in corruption.

The panel will explore the various aspects of this complex intermingling and assess challenges that lie ahead.

Environmental, social and governance (ESG) regulations emphasise more and more as they become increasingly important in terms of meeting regulators’ reporting requirements, as well as in compliance and due diligence, to attract clients, suppliers and potential workforce.  ESG is not only becoming mandatory; it is now a popular way for companies to enhance their images and demonstrate their commitments to being reliable and sustainable businesses. 

Following the adoption of the European Directive on the Duty of Vigilance and similar laws and regulations, ESG-related disputes are a major risk faced by companies. The implementation of robust ESG compliance programmes – including applicable contractual provisions and internal investigations in the context of ESG – is becoming a new trend for in-house counsel and compliance professional, as well as their external counsel and other advisers.  

This practical panel will focus on how to meet related expectations set by regulators and non-governmental organisations. The discussion will include perspectives from lawyers and other experts regarding compliance with ESG standards and best practices for implementing robust ESG policies and conducting related internal investigations.

Mergers and acquisitions often present strategic imperatives and pose unavoidable compliance risks. Today, the compliance challenges involved in keeping M&A and similar strategic investments as viable options for corporate growth have risen. And spreading regulatory requirements are calling for effective and efficient pre-deal due diligence, even more so than before. 

What are today´s due diligence best practices to identify anti-corruption exposure in target companies? What can be learned from this international preventive compliance management system module for ‘new’ compliance risk categories such as ESG, export compliance and other evolving compliance risks.   

This panel will discuss actual capabilities and compare them with emerging necessities with in-house representatives and investment experts.

Non-trial resolutions (NTR) are a critical piece of an effective anti-corruption regime. In December 2021, the OECD Working Group on Bribery issued a recommendation encouraging all member states to consider adopting some form of non-trial resolutions of criminal, administrative and civil bribery cases. Our committee and its NTR subcommittee have worked to support implementation of non-trial resolutions around the world.  

This panel will discuss practical steps you can take to support the implementation of NTRs in your jurisdiction.