Full Day Seminar – Africa Anti-Corruption Seminar | January 30, 2017

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SPEAKER FACULTY  

George “Ren” McEachern
Special Supervisory Agent Federal Bureau of Investigation
FCPA, Kleptocracy & Antitrust Matters

Reagan Demas
Partner
Baker & McKenzie LLP (Washington, DC)

Inam Wilson
Partner
Templars Law LLC (Nigeria)

Claudius O. Sokenu
Partner
Shearman & Sterling LLP (New York, NY)

Amee Sandhu
Sector Compliance Officer, Power
SNC-Lavalin (Canada)

Femi D. Thomas
Managing Partner
Partners Imperium Africa (Nigeria)

Rani Soobramoney
Executive Head, Anti-Corruption Compliance,
Sanctions and Trade Controls
Vodacom Ltd (South Africa)

Steven Powell
Director, Forensics
ENSAfrica (South Africa)

Cathy Konwisarz
Group Counsel – Conventional
Marathon Oil Corporation

8:00 Registration and Continental Breakfast
8:30     Opening Remarks
8:45 SPECIAL ANTI-CORRUPTION ENFORCEMENT UPDATE
9:00 The Year in Review: Anti-Corruption Updates, Trends and Developments from East to West Africa – Special Focus on Oil & Gas, Mining, Coal, IT/Telecom and Pharmaceuticals
9:30

Navigating Cash-Based Economies and Local Modality of Payments Risks: How to Identify Red Flags by Way of Example in the Democratic Republic of Congo, Niger and Equatorial Guinea

  • How to manage the problem of governments’ meddling in and distortion of local economies, such as bid-rigging and price fixing
10:15 Networking Break
10:30

How to Protect Your Investment: Guaranteeing Security for On-the-Ground Assets and Employees and Knowing What Local Resources to Hire – Spotlight on Niger Delta, Mining- Heavy Southern DRC and Northern Angola, South Africa)

  • How to assess the security risks associated with doing business in the region
  • Understanding regional governments’ approach to dealing with security-related matters such as fighting and/or negotiating with rebel groups that pose a threat to key infrastructure
  • Who will provide the “payoff” to mitigate the risk of local security threats – the multinationals or local governments?
11:15 

Identifying the “True Owners” of Your African Business Partners Via Effective Due Diligence

  • How to identify, interpret and handle beneficial ownership relationships, and how to apply best practices to identify the true owners of your business counterparts
  • How to Distinguish and Deal with Nominee (Indirect) Shareholders vs. Actual Beneficiary Shareholders
  • Deciphering the awarding process of operating licenses: How to identify the “true” issuer and ensure compliance with anti-bribery
    legislation
  • How government officials are becoming increasingly sophisticated in secretly taking ownership stakes in corporations, and how multinationals can enhance their vetting procedures
  • What role do sovereign wealth funds play in “controlling” corporate ownership? How can multinationals tackle this challenge?
12:00

Navigating the Risks of Corporate Social Responsibility “Requirements” from Governments to Tribes: Concessions, Memoranda of Understanding (MOU) and Local Community Expectations by Way of Example in Nigeria, Gabon, Kenya and South Africa

  • How multinationals can manage local governments’ and communities’ “expectations” in exchange for being granted a license or concession for their business operations
  • How to appropriately respond to the multifarious nature of “requests”: employment (of relatives), infrastructure building, youth activities and/or occupation initiatives and financing, etc.
  • How to ensure that payments negotiated as part of an MOU comply with the FCPA, and that such funds be channeled to the agreedupon entities rather than rerouted to government-related outfits
  • How to best manage relationships with state-owned and statesponsored entities and public-private partnerships
12:45     Networking Lunch
2:00 

Africa’s Enforcement Agencies Landscape: How to Disentangle the Jurisdictions of U.S. Agencies vs. Local Authorities vs. Multilateral Banks and Institutions – Knowing How (and If) They Cooperate

  • Understanding governments’ differing approaches to combating (endemic) corruption
  • How to assess the impact on your business of “softer” (negotiations over the recovery of stolen and/or misappropriated funds) versus “harder” approaches (incarceration of suspects, military mobilization)
  • Who do local governments prosecute? Individuals, companies, or both?
  • How to take into account US regulators’ anti-bribery activities when assessing your compliance program?
  • What is the role of multilateral banks and other development organizations in driving anti-corruption enforcement? How does
3:00 Networking Break
3:15

Localization Requirements in Anglophone vs. Francophone Africa: What Internal Checks and Controls Can Mitigate Your Company’s Risk of Falling Afoul of Local Anti-Bribery Legislation

  • How can multinationals tackle and overcome the challenge of implementing a global compliance program tailored to the realities on
    the ground (incl. political system, economic situation, cultural norms)
  • To what extend unpredictable national currency fluctuations and murky foreign exchange regimes and controls hamper compliance
    efforts
  • How to choose between and what are the tradeoffs when selecting the resources to best ensure effective oversight of local operations
    (in-house, local partners, third party service providers, etc.)
4:00

The Top Cross-Border Supply Chain Pitfalls: How to Deal with Official Institutions without Submitting to Extortion Payments Requests

  • How the Panama Papers and Bahama Leaks have altered the debate on international information exchange in the context of fraud and bribery
  • How local and international privacy restrictions may impact the conduct of international corporate anti-corruption investigations
  • The “anti-FISA” Provision: How to manage a situation where crossborder sharing of personal information cannot be purely based on the decision of a foreign administrative authority, court or tribunal in the absence of an international agreement
4:45 Co-Chairs’ Closing Remarks and Seminar Conclusion


CONTINUING LEGAL EDUCATION CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies that this activity has been approved for CLE credit by the State Bar of California. You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLE