Multinational companies in China used to focus their compliance programmes on the requirements under the rules of their home jurisdictions, namely the Foreign Corrupt Practices Act (FCPA) of the U.S. and more recently the United Kingdom Anti-Bribery Act. With the strengthening of anti-corruption efforts by the Chinese government over the last two years foreign companies are faced with the enforcement of domestic Chinese regulations on anti-corruption in addition. This not only requires a deeper understanding of these domestic rules and the practices of the competent governmental and judicial authorities but also poses unique challenges on the local compliance programmes to manage requirements of potentially three very different anti-corruption regimes. Taking into account the recent changes to the corruption related chapters of the PRC Criminal Law, our speaker, Sven-Michael Werner, partner at Bird & Bird, will take a look at these differences between Chinese criminal law, FCPA and UK Anti-Bribery Act and discuss how compliance programmes in China can address these challenges.

Sven-Michael has over 12 years of experience in practicing law in China. His experience includes M&A and foreign direct investment transactions, with a strong focus on advising European clients in relation to their inbound investment into China.

MEETING AGENDA

-       16:00-16:05 Opening by Compliance and Business Ethics Working Group Chair.

-       16:05-16:35 Presentation by Mr. Werner.

-       16:35-17:15 Q&A 

-       17:15-17:45 Best Practices Session: During this session one of the members of the group will share how the Compliance practice is organized in his/her company.  Mr. David Du, Vice President & General Counsel of BOSCH China and current Compliance & Business Ethics Vice Chair, will share his experience during this meeting.

As always, we welcome your suggestions of topics and speakers for this and future Working Group meetings.

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Speakers

Dr. Sven-Michael Werner

Partner, Bird & Bird

Dr. Sven-Michael Werner

Partner, Bird & Bird

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Sven-Michael is a partner in Bird & Bird's international Corporate Group based in Shanghai and has been living and working in China since 1999, and based in Shanghai since 2003.
His experience includes corporate transactions, commercial and regulatory advice, with a focus on advising clients in relation to the implementation of their technology driven, highly regulated or otherwise complex business models in China. During his career Sven-Michael has also been based in both London and Munich with a remit to develop China inbound and outbound work.

Over the years, Sven-Michael has acted for businesses from all over the world helping them set up, expand, operate and close their presence in China. This work has given him profound insights into the challenges and opportunities when doing business in China. The industry sectors Sven-Michael is often involved with are driven by IP or technology as a core consideration or are highly regulated.

Sven-Michael and his team also regularly advise on compliance, data security and anti-bribery matters, which have become a strong focus for many companies in China.

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