English version translated by XU Xinyuan (Wayne)

At 3:00 p.m. , June 29, 2022, LANDING invited Mr. Frédéric Pierucci, the author of The American Trap, to attend an online seminar on the U.S. Foreign Corrupt Practices Act (FCPA), which draw the attention of the legal profession. Co-organizers LexisNexis and WELEGAL broadcasted the seminar.

01

I

Mr.Liu’s opening remarks

At the very beginning of the seminar, Mr. LIU Yixing, Managing Partner of Shanghai LANDING Law Offices, delivered the opening remarks.

In his opening speech, Mr. Liu extended cordial greetings to Mr. Pierucci and welcomed him to come to Shanghai, China for exchanges and visits. Then, combing his years of experience in providing legal services on foreign investment for enterprises, Mr. Liu reminded Chinese enterprises of the substantial legal risks in the process of foreign investment and cross-border trade. The rise of Chinese enterprises has been too smooth, making many entrepreneurs prone to quick success while lacking legal thinking. Both the long-arm jurisdiction of the U.S. FCPA and India’s selective enforcement of Chinese executives show that Chinese entrepreneurs must strengthen their awareness of legal thinking and corporate compliance in order to combat the growing legal and business risks.

02

Mr. Pierucci’s speech

Following Mr. Liu’s opening remarks, Mr. Frédéric Pierucci, the author of The American Trap, Founding Partner of IKARIAN, a French consulting firm, and the former senior manager for Alstom, delivered a speech titled “The American Trap - Corporate Compliance Risk in a Time of Economic Warfare”.

Mr. Pierucci reviewed and analyzed the FCPA’s past enforcement data and analyzed the negative impacts of U.S. anti-corruption investigations on multinational corporations(MNCs), including the distraction of management’s attention, the damage to corporation reputation, the risk of being crowded out of the market, and the risk of additional criminal and civil litigations. In addition, he emphasized that the U.S. law enforcement agencies investigated and combatted corruption in MNCs via various channels and high-tech means. Finally, he reminded Chinese enterprises that planned to going overseas to pay attention to and comply with anti-bribery laws in the countries where they invest, and strongly recommended that they establish a compliance system that meets international standards.

03

Ms. LI Yueqing’s speech

Following Mr. Pierucci’s speech, Ms. LI Yueqing, senior partner of LANDING, made a keynote speech on the topic of “Commercial Bribery Risk Management in Cross-border Enterprises Operations from FCPA Law Enforcement Cases”.

Ms. Li proposed detailed anti-commercial bribery compliance advice for enterprises’ cross-border operations through several aspects, including FCPA case statistics, interpretation of FCPA key provisions, typical cases involving China under the FCPA, and international anti-commercial bribery enforcement development.

04

Ms. WANG Chunhong’s speech

Finally, Ms. WANG Chunhong, senior partner of LANDING, gave a speech on the topic of “FCPA Due Diligence for Corporate Cross-Border M&A”.

Ms. Wang emphasized the importance of FCPA due diligence in corporate cross-border M&A, explained in detail the difference between FCPA due diligence in M&A and the traditional due diligence and the remedies following FCPA due diligence, providing clear guidance on FCPA due diligence for Corporate M&A.

With 2.5-hour-long discussion coming to the end, the audience benefited from this FCPA seminar and raised their doubts on judicial procedures, qualifications, countermeasures, etc. The guests answered these questions in detail. Guests present expressed that such global communication covering both business and law was novel and profound, and looked forward to more exciting lectures from LANDING and Mr. Pierucci in the future.