Conference programme

This panel will explore the 25-year journey since the OECD Anti-Bribery Convention came into force, delving into its undeniable successes and persistent challenges. Experts from across the globe will dissect the Convention’s profound impact on the fight against corruption, including advancing legislative reforms in dozens of countries, reshaping corporate conduct, invigorating civil society and boosting public awareness. The panel will also address critical issues such as uneven enforcement and the influence of political pressures, the impact of globalisation on the Convention’s effectiveness and how strategies for combatting corruption should continue to evolve over the next quarter-century.

Neither the US Foreign Corrupt Practices Act (FCPA) nor many other countries’ anti-corruption laws directly provide for enforcement against foreign officials who demand bribes, focusing instead as a policy matter on the supply side of bribe payers. In fact, the Organization for Economic Co-operation and Development OECD found in 2018 that only about one in five foreign bribery enforcement actions included sanctions against public officials, such as for money laundering. However, in late 2023, the United States enacted the Foreign Extortion Prevention Act (FEPA), which explicitly criminalises foreign officials’ receipt of bribes. This panel will discuss FEPA, as well as other US and international efforts to combat the demand side of bribery, including relevant implications and critiques.

Panellists will share their varied perspectives on the proliferation of non-trial resolutions (NTRs) for resolving foreign bribery investigations and provide relevant updates on key issues impacting NTRs globally. This panel will highlight the IBA Anti-Corruption Committee’s efforts as part of the IBA’s Project Roll Out to encourage broader implementation of NTRs as recommended by the OECD in 2021. Relevant topics for discussion will include current and prospective uses of NTRs in various regions around the world, impediments to more widespread adoption, challenges encountered in deploying and negotiating NTRs, and potential strategies for further progress.

Alison Taylor, a Clinical Associate Professor at the New York University Stern School of Business and Executive Director of Ethical Systems, recently published Higher Ground. In an interview with Nicola Bonucci, Alison will examine her acclaimed book’s main themes, including why running a business has become so complicated and how businesses can act responsibly in the modern world.

Picking up on themes discussed in the interview, a panel will consider how corporate anti-corruption efforts have evolved, the limits of regulatory compliance and strategies for effectively tackling corruption risks.

Best practices and regulatory expectations around data management in corporate compliance programs and internal investigations continue to evolve, with different jurisdictions adopting conflicting approaches and legal regimes. This panel will focus on practical considerations for balancing investigative needs and data protection. In-house experts will share varying approaches of leading multinational companies, considering multifaceted legal and policy considerations.

Questions to be considered include:

• how are companies making decisions regarding data retention?
• what data should be preserved? For how long? For what purpose? and
• how can the objectives of internal investigations be achieved while maintaining data privacy – and, ultimately, how can corporate compliance programs remain effective?

The advent of digital assets has ushered significant changes in the global financial landscape, offering innovative solutions while also posing compliance challenges, particularly with respect to money laundering and corruption. This panel will examine complexities in regulating digital assets – given risk factors such as anonymity, global accessibility, decentralisation and lack of effective oversight – and impacts on combating illicit financial activities. Experts from diverse backgrounds will discuss current regulatory frameworks, challenges and best practices, as well as recent enforcement activity and possible strategies for leveraging the regulation of digital assets to enhance anti-money laundering (AML) and anti-corruption efforts.

This panel will explore ongoing harmonisation efforts among multilateral development banks (MDBs) within the context of cross-debarment and the sanctions systems. Panellists will discuss the successes and challenges of harmonisation, highlighting where MDBs have reached alignment and identifying unharmonised aspects of the systems. By focusing on lessons learned and practical implications, the panel will offer insights into the current state of harmonisation among MDBs and noteworthy implications for parties involved in sanctions processes.

The scourge of corruption provokes public indignation, which can lead to social unrest and even insurrections. Corruption also contributes to the growth of international security threats by facilitating organised crime, terrorist activities and other national security threats. Panellists will delve into the intersection of corruption and national security, including existing legal and organisational impediments that national security and law enforcement agencies face. In addition, the panel will address the role of and challenges encountered by big tech companies when receiving requests from national security agencies and law enforcement for information related to customer accounts, such as email and social media. Panellists also will address risks posed by corruption in the context of the procurement of critical infrastructure, as well as the importance of combating corruption as a means of maintaining governmental integrity and upholding the rule of law, which in turn are crucial for safeguarding security.

In the fast-paced and exciting world of sports, the role of ethics and compliance is key, as recent events repeatedly have demonstrated. The multifaceted nature of compliance in sports, from upholding the integrity of the game to protecting the well-being of athletes, encompasses a wide range of regulatory, anti-corruption and ethical considerations, including gender equality, discrimination, doping scandals and match-fixing controversies. This panel will address common challenges and developments in the industry of sports with insights and examples from experienced sports compliance professionals, considering complex implications and emerging best practices developed by the industry.