Business Corruption and FCPA Issues in China
Craig Taggart has almost a decade of experience in the fields of Mergers & Acquisitions and Business Financing. He has been an expert GRC speaker, consultant, and instructor for over 4 years. Craig has spoken on a very broad range of topics in both seminar and webinar formats. He has been happy to grow his business practice and benefit many professionals around the country. He brings many valuable skills from the finance world into a commercial real estate. Craig works with each client at the highest level to achieve the highest value for their business. His experience in the M&A Industry has greatly contributed to his understanding of transaction structure, strategic placement of buyers, and the attainment of maximum market value for his clients. He has represented and sold many businesses in a number of different industries and has significant experience working with companies in real estate, clean energy, and healthcare. Craig is currently working with institutional investors, family offices and their investment criteria for large commercial real estate development opportunities around the country with the following asset classes: hospitality, office, industrial, retail, multi-family, land, healthcare & non-performing notes. As an associate, Craig will work to help his clients receive the greatest return on investment.
Craig is a Certified Merger & Acquisition Advisor, Accredited Valuation Analyst as well as an active member of Alliance of Mergers and Acquisition, and The National Association of Certified Valuators and Analysts (NACVA).
As China continues its ascent as a global economic power, issues involving China under the Foreign Corrupt Practices Act, (FCPA) have emerged as a major business problem for multinational companies (MNCs). In a recent Wisconsin Law Review article, "China under the Foreign Corrupt Practices Act," the speaker discussed several major issues under the FCPA that concern MNCs doing business in China. This webinar will summarize the findings here. Those who wish a more in-depth look should consult the article, which offers many more examples than there is room to discuss here.
- Why corruption is a big issue in China
- Tips for spotting corruption / FCPA issues
- Corruption risks associated with doing business in China
- FCPA issues and strategies related to mergers and acquisitions, as well as on-going operations
- Compliance program essentials and best practices
- Appreciating the root causes of why companies often become the subject of FCPA scrutiny as well as the typical origins of FCPA enforcement actions
- When and why was the FCPA enacted?
- What are the FCPA's main provisions?
- Has the FCPA been amended since 1977?
- Who is subject to the anti-bribery provisions?
- What does "foreign official" mean?
- What does "anything of value" mean?
- What does "obtain or retain business" mean?
- Does the FCPA have any exceptions or affirmative defenses?
- What do the books and records and internal control provisions prohibit?
- Which agencies enforce the FCPA?
- Why has FCPA enforcement generally increased?
Who Should Attend
- Legal Profession, Governance, Risk and Compliance Officers
- Law Enforcement
- Department of Justice
- Securities Professionals
- Chief Financial Officers
- Fraud Professionals
Why Should Attend
Given the frequency with which these scenarios arise in China, MNCs need to deal with FCPA risks now by immediately implementing an effect on the ground FCPA compliance program in China. To be clear, the purpose of the program is not to teach the FCPA to employees; most employees in China business entities owned by MNCs would admit, if they were being honest, that they do not really care about the FCPA or that their conduct might cause the MNC to be in violation of the FCPA; what they do care about is being fired.
A compliance program must clearly set forth what is acceptable behavior, what is not, with many examples, and the consequences for failing to observe the rules, including termination. Then the rules must be strictly enforced. China's rise as a global economic power and its culture, which tolerates many forms of corruption in business, indicate that many more FCPA cases involving China will rise in the future. MNCs need to take forceful measures now to avoid problems that may arise later.