New Commercial Bribery Rules under China’s Revised Anti-Unfair Competition Law and Its Implications for Companies

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This event will be of interest to Business Executives, Compliance Officers, In-house Counsel, Finance and Accounting professionals and Corporate Auditors.

China’s revised Anti-Unfair Competition Law (revised AUCL) became effective on 1 January, 2018. It overhauls China’s regulatory framework and administrative enforcement regarding commercial bribery, and brings positive updates to address increasingly complicated bribery schemes. Companies doing business in China will need to be aware of these amendments and their implications. 

The Chamber's Legal Focus Group invites Bingna Guo, Partner of O’Melveny & Myers LLPKatharine Bostick, Director of Compliance & Litigation for Microsoft Greater China, Antoinette Lau, Partner of PwC and Ginger Lu, China Compliance Director from Smith & Nephew to this panel discussion and offer practical commentary and tips on the revised AUCL, including the following:

  • Review of recent AIC (Administration for Industry and Commerce) commercial bribery enforcement cases
  • Impact of the revised AUCL on companies’ compliance programmes in China, and how to tailor a multinational company’s global compliance programme to meet China’s legal and business realities
  • What to do when a Chinese enforcement agency comes to knock on the door
  • Data privacy issues relating to compliance and internal investigations 

Event Rundown

8.30-9.00am Registration and Networking
9.00-9.05am Opening Introduction
9.05-10.05am Panel Discussion and Q&A
10.05-10.30am Event Close and Networking

Location of the British Chamber Shanghai Office - we suggest that you enter the ZhangYuan community from the north gate on Taixing Lu (near Wujiang Lu)

New office map - Jun

No-show Policy: Please note you must cancel your reservation in writing to the event contact staff 24 hours in advance. No-shows without prior notification will be charged a no-show fee of RMB100. 

Walk-in Policy: Please note that members who attend the event without prior reservation will be charged a walk-in fee of RMB50 if spaces are still available.

Speaker Introduction

Bingna Guo

Partner, O’Melveny & Myers LLP

Bingna Guo has extensive experience in international anti-corruption investigation and compliance matters, cross-border litigation, international commercial arbitration and mediation, regulatory matters, crisis management, and complex commercial litigation. She had worked in O’Melveny’s New York and Los Angeles offices for seven years before moving to China in 2009. Bingna represents companies and individuals in internal investigations and enforcement actions, including FCPA/anti-corruption related investigations, fraud, embezzlement, conflicts of interest investigations, compliance risk assessment, and pre-transaction compliance diligence. She also advises companies on comprehensive compliance programs and trainings.

Bingna has litigated cases in various legal jurisdictions, and provides clients with strategic and case management advice for parallel proceedings involving multiple jurisdictions. She formerly worked in the litigation department of a leading Chinese law firm under secondment, where she litigated cases before Chinese courts. Bingna has extensive relationships with leading local counsel, and is able to effectively coordinate local litigation and advise on litigation and dispute resolution proceedings in China.

Antoinette Lau

Partner, Forensic Services (Shanghai), PwC

Based in Shanghai, Antoinette was originally trained as a Hong Kong CPA and specialising in examination and dispute-related work since 1997. She gained her extensive grounding in fraud and commercial crime examinations during her time working in Hong Kong’s Securities and Futures Commission (SFC) and also in the Independent Commission Against Corruption (ICAC).

In recent years, Antoinette has been involved many investigations of revenue and asset manipulation, and in internal company investigations of employee fraud relating to HK and US-listed Chinese companies cases. She has also led numerous FCPA-related assignments, including FCPA/anti-bribery and corruption compliance review, and implementation of remediation programs.

Antoinette is a member of the Hong Kong Institute of Certified Public Accountants and is a Certified Fraud Examiner.

Katharine Bostick

Assistant General Counsel and Director of Compliance & Litigation, Corporate, External and Legal Affairs, Microsoft (China) Co. Ltd

Based in Beijing, Katharine leads Microsoft’s Compliance and Litigation team for the Greater China Region.  She serves as a trusted advisor on a broad range of complex compliance & litigation matters. She leads Microsoft’s teams covering risk management through programs, policies, remediation strategies and leads Microsoft’s internal investigations, including FCPA, other governmental investigations, and litigation. Prior to her current role she served as the Compliance & Litigation Director for Microsoft’s Asia Pacific & Japan from 2007 to October 2014. Katharine has been with Microsoft in the Asia Pacific region for over 15 years. Prior to her Compliance & Litigation Roles she led Microsoft’s Intellectual Property and Digital Crime enforcement programs throughout Asia. Before joining Microsoft, she served as a federal prosecutor for over 11 years, in three offices, including the Southern District of New York, Northern District of California and the Department of Justice offices in Washington D.C.  She is a member of the New York, California, and Washington D.C bars.

Ginger Lu

Senior Legal Director, Smith & Nephew, Greater China

Based in Shanghai, Ginger leads Smith & Nephew’s China Legal Team for Greater China Region.  Ginger advises on various legal matters relating to the China business of Smith & Nephew, covering, among others, business development transactions, strategic business initiatives, commercial contracts, legal aspects of sales, marketing and promotional activities, operations, dispute resolution, corporate structure, employment, data privacy, cybersecurity and general matters.  She also works closely with compliance team on compliance programs (anti-commercial bribery, anti-trust compliance), policies, and investigations.  Ginger has been with Smith & Nephew for eight years and prior to this, she was an associate and legal consultant of Freshfields Bruckhaus Deringer for about seven years.

Ginger is a member of the New York bar, and also passed the Chinese bar examination.   

Event contact

Joanna Zhang
+862162185022
joanna.zhang@britishchambershanghai.org

Location