Business ethics and anti-corruption: Asia Pacific insights

Publication Issue 11 / January 2017

From the editor

Many thanks for reading Issue 11 of our Asia Pacific Insights into Business ethics and anti-corruption matters in the new year 2017.

As the year 2016 wound down to a close, we look back at what has been widely termed the year of disruption and examine some significant enforcement activities and developments which may signal upcoming changes to the compliance landscape in the new year.

China remains an important jurisdiction to consider when managing anticorruption risks. A large number of FCPA investigations are focused on activity in China. In the Nu Skin case, my US and China-based colleagues delve into an SEC settlement where a fine was imposed following an investigation which involved the use of “charitable donations” to a charity associated with a Chinese government official. In another China-related article, Barbara Li and Olivia Yang review the new Cyber Security Law that will have important implications for businesses operating in China.

In a multi-jurisdictional comparative analysis, Abigail McGregor, Paul Sumilas, Jeremy Lua and I consider the rising tide against senior management personal liability under various regimes for anti-corruption offences – including the use of “books and records” and anti-money laundering provisions – to ensure that those who turn a blind eye to corrupt activities do not escape the force of the law. The convergence of the US, Australian and Singapore regimes suggests that the rheotoric on senior personal liability is being backed up by action.

Finally, Jason Hungerford and Paul Sumilas review a compliance milestone in the highly anticipated standard for anti-bribery management systems – ISO 37001 – and scrutinize its effectiveness and value to an organization.

As we look forward to 2017, I hope our legal analysis and thought pieces continue to provide you with useful perspective and insight to support you in your work.

Contents

 SEC fines Nu Skin to settle FCPA charges   China cyber security: New law increases security regulation over cyberspace   This time it’s personal: Senior management liability in “books and records” offences   But does it really work? The value of ISO certification of anti-bribery compliance  



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