Negotiating Anti-Corruption Enforcement in China

About the Course:

Transacting almost any business activity in China requires the consent of -- if not partnership with -- a variety of governmental officials. With more than 200,000 state-owned entities, a very large number of Chinese business associates are deemed to be foreign officials under anti-corruption laws. Providing any one of these officials -- whether directly or through agents -- with "a thing of value" for purposes of business advantage can be classified as corrupt behavior.

When conducting business in China it is critical to know how to avoid engaging in corrupt activities. The following are among the issues discussed during this session:

  • What measures is the Chinese government taking to bring corrupt activity to light?
  • Can the Foreign Corrupt Practices Act enable Americans to negotiate more favorable agreements with agents in China?
  • Is influence peddling in China legal?
  • Are anti-corruption laws in China enforced the same when the alleged violator is Chinese versus non-Chinese?
  • What should you do if you are accused of corrupt activity?
  • How likely is it that a government will tip off the media about alleged corrupt activity?
  • How can western business executives straddle the Chinese culture of gift giving without running afoul of anti-corruption legislation?
  • Why must westerns be especially careful about becoming ensnared in allegations of corruption when sponsoring Chinese officials?
  • How must westerns be cautious when interacting with Chinese media personnel?
  • How long can one be detained before being officially arrested in China?
  • What kinds of internal controls must be maintained under the FCPA?
  • What constitutes "a thing of value" under the FCPA?
  • How can an acquirer avoid inheriting an FCPA liability of a newly acquired business?
  • What are some of the red flags in terms of detecting corrupt behavior on the parts of third parties in China?
  • What steps should companies take to develop an effective anti-corruption compliance program?

Course Leader: Michael S. Diamont, Partner, Gibson, Dunn & Crutcher

Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance.

Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges. He has represented clients in an array of matters, including False Claims Act violations, accounting fraud, and antitrust violations, before the Department of Justice and the Securities and Exchange Commission.

Mr. Diamant also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork -- including more than 200 witness interviews -- in eleven different countries on four continents. In the area of corporate compliance, Mr. Diamant regularly advises major corporations on the structure and effectiveness of their compliance programs. This often includes reviewing reporting mechanisms, internal payment controls, and compliance messaging, as well as drafting new compliance materials, such as ethics and anti-corruption handbooks.

Course Length: Approx. 1.5 hours


Optional: A quiz is offered for an additional $39. This quiz is delivered in true/false, multiple choice and very short answer format. Certificates of Achievement in Anti-Corruption Enforcement in China will be furnished to those that score 70% and above

Purchase Now:

Negotiating Anti-Corruption Enforcement in China

Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at