International Conference “Business Ethics & Compliance in Asia”

17-18 November 2018, Swissotel Bangkok Ratchada

Jointly organized by Viadrina Compliance Center, Alliance for Integrity and Hanns Seidel Foundation

Agenda   Report   Photos

Agenda

Saturday, 17 November 2018

Welcoming Words & Introductory Remarks

Henning Glaser, Director, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Faculty of Law, Thammasat University

Prof. Dr. Bartosz Makowicz, Director, Viadrina Compliance Center, European University Viadrina Frankfurt (Oder)

Session 1: Fundamentals & Trends in Business Compliance

“Collective Myopia” as an Organizational Pathology by Prof. Dr. Nobuyuki Chikudate, Academy of Social Sciences, Department of Management Studies, Hiroshima University, Japan

“Before and Beyond Compliance – Future Communities as Stakeholders in Business Ethical Considerations” by Assist. Prof. Dr. Roman Meinhold, Mahidol University International College (MUIC), Bangkok, Thailand

Q & A

Moderation: Dr. Lasse Schuldt, DAAD Lecturer of Law, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Faculty of Law, Thammasat University

“Need for Speed vs. Need for Ethics – Or: Effective Compliance Management Systems for Asia” by Prof. Dr. Bartosz Makowicz, Director, Viadrina Compliance Center, European University Viadrina Frankfurt (Oder)

“Whistleblower Protections From a Comparative Perspective” by Timothy Breier, Partner, Baker McKenzie, Bangkok, Thailand

Q & A

Moderation: Dr. Lasse Schuldt

Lunch break

Session 2: Compliance Trends Across Southeast Asia

“Healthcare and Pharmaceutical Companies’ Compliance Requirements and Issues in Indonesia” by Cahyani Endahayu, Partner, Hadiputranto, Hadinoto & Partners, Jakarta, Indonesia

“Current Pharmaceutical Compliance Trends in Southeast Asia” by Vincent P. Yambao, Senior Compliance Manager (South East Asia and South Korea), Boehringer Ingelheim, Singapore

Q & A

Moderation: Dr. Duc Quang Ly, Project Manager, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Faculty of Law, Thammasat University

“Anti-Bribery and Corruption Compliance in the Philippines” by Ben Dominic R. Yap, Managing Partner, Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law), Makati City, Philippines

“Current Corporate Governance Developments in Malaysia” by Michelle Wong Min Er, Partner, Shearn Delamore & Co., Kuala Lumpur, Malaysia

Q & A

Moderation: Dr. Duc Quang Ly

Closing of the first conference day

Sunday, 18 November 2018

Session 3: Selected Compliance Issues in Southeast and South Asia

“Business Ethics in Vietnam: The Changing Landscape” by Assoc. Professor Dr. Robert McClelland, Head of Management Department, School of Business & Management, RMIT University Saigon South, Vietnam

“Anti-Corruption Compliance in Thailand: Using the NACC’s Internal Control Guidelines as a Model” by John Frangos, Consultant, Tilleke & Gibbins, Bangkok

Q & A

Moderation: Dr. Lasse Schuldt

“Changing Dynamics of Ethics and Compliance in India Inc.” by Shweta Bharti, Senior Partner, Hammurabi & Solomon, New Delhi, India

“Corporate Ethics, Cultural Heritage & the Environment: A Pakistani Perspective” by Asma Hamid, Partner, RIAA Barker Gillette, Karachi, Pakistan

Q & A

Moderation: Dr. Lasse Schuldt

Lunch break

Session 4: Compliance Trends Across East Asia

“Analytics of 2018 Enforcement of FCPA and Chinese Commercial Bribery Law” by Henry (Litong) Chen, Senior Partner, Dentons, Shanghai, China

“Ensuring Third Parties’ Compliance” by Pamela Kiesselbach, Senior Consultant, Herbert Smith Freehills LLP, Hong Kong

Q & A

Moderation: Jan Kliem, Senior Program Officer, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Faculty of Law, Thammasat University

“Derivative Suits and Enforcement of Shareholder Rights as Mechanisms of Compliance in the Republic of Korea” by Sean Hayes, Attorney, IPG Legal, Seoul, Korea

“Money Laundering and Cryptocurrency Under the Taiwan Legal Structure” by OU YANG Hung, Managing Attorney, Brain Trust International Law Firm, Taipei, Taiwan

Q & A

Moderation: Jan Kliem

Conference closing

Report

On 17 and 18 November 2018, CPG and the Viadrina Compliance Center, with the support of the Hanns Seidel Foundation (Thailand/Laos office) and in cooperation with the Alliance for Integrity organized the international conference “Business Ethics & Compliance in Asia” at Swissotel Bangkok Ratchada.

As companies across Asia are expected to conduct their businesses in compliance with applicable rules, standards and norms, practical compliance implementation varies significantly due to disparate legal exigencies and unequal enforcement activities. The risks from non-compliance differ substantially, affecting business judgments and consultancy practice.

The conference brought together practitioners and academics from Southeast, East and South Asia to examine current developments, key differences and trends in Asian compliance practice. In country reports from China (PRC), Hong Kong, India, Indonesia, Japan, Korea (ROK), Malaysia, Pakistan, the Philippines, Singapore, Thailand, Taiwan (ROC) and Vietnam, the speakers addressed recent developments in core compliance fields such as anti-bribery and corruption, money-laundering and financial compliance, pharmaceutical compliance, labor and environmental compliance.

On Saturday, 17 November, the first conference day was opened with a focus on fundamental questions and trends in compliance. Prof. Dr. Nobuyuki Chikudate, Academy of Social Sciences, Department of Management Studies, Hiroshima University, Japan, introduced his concept of “collective myopia”, which aims to explain the origins of wrongful behavior in organizations. He was followed by Assist. Prof. Dr. Roman Meinhold, Mahidol University International College (MUIC), Bangkok, Thailand, who spoke about the considerations behind compliance, with a particular focus on future communities as stakeholders in business ethical considerations.

The next panel treated general questions regarding the design of compliance mechanisms. Prof. Dr. Bartosz Makowicz, Director, Viadrina Compliance Center, European University Viadrina Frankfurt (Oder), introduced key concepts and principles of effective compliance mechanisms. Timothy Breier, Partner, Baker McKenzie, Bangkok, then illustrated different approaches to whistleblower protection from a comparative perspective.

The afternoon opened with the first set of country reports from Southeast Asia. Cahyani Endahayu, Partner, Hadiputranto, Hadinoto & Partners, Jakarta, addressed recent developments in healthcare and pharmaceutical companies’ compliance requirements in Indonesia. She was joined by Vincent P. Yambao, Senior Compliance Manager (South East Asia and South Korea), Boehringer Ingelheim, Singapore, who provided a regional perspective on current pharmaceutical compliance trends in Southeast Asia.

Further Southeast Asian perspectives included a presentation by Ben Dominic R. Yap, Managing Partner, Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law), Makati City, who spoke about anti-bribery and corruption compliance in the Philippines. Michelle Wong Min Er, Partner, Shearn Delamore & Co., Kuala Lumpur, introduced current corporate governance developments in Malaysia, with specific information on stock exchange reporting obligations and recent changes in relevant company laws.

The second conference day on Sunday, 18 November, first continued with insights from Southeast Asian countries. Assoc. Professor Dr. Robert McClelland, Head of Management Department, School of Business & Management, RMIT University Saigon South, provided an in-depth analysis of the changing business ethics landscape in Vietnam. After that, John Frangos, Consultant, Tilleke & Gibbins, Bangkok, introduced most recent developments in anti-corruption compliance in Thailand by addressing key aspects of the National Anti-Corruption Commission’s (NACC) Internal Control Guidelines.

The regional focus then shifted to South Asia with a presentation by Shweta Bharti, Senior Partner, Hammurabi & Solomon, New Delhi, who gave a comprehensive overview of the legal framework and the changing dynamics of ethics compliance in India. She was followed by Asma Hamid, Partner, RIAA Barker Gillette, Karachi, with insights into economic, religious and colonial foundations of corporate ethics in Pakistan.

The afternoon panels then switched the view to East Asia. First, Henry (Litong) Chen, Senior Partner, Dentons, Shanghai, spoke about current cases and critical issues regarding the enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) and the Commercial Bribery Law in China. Pamela Kiesselbach, Senior Consultant, Herbert Smith Freehills LLP, Hong Kong, then focused on the challenges of third-party compliance, illustrating the requirements of proper third-party due diligence in East Asian countries.

Finally, presentations from Korea and Taiwan rounded off the East Asian perspectives. Sean Hayes, Attorney, IPG Legal, Seoul, spoke about derivative suits and enforcement of shareholder rights as mechanisms of compliance in the Republic of Korea. Ou Yang Hung, Managing Attorney, Brain Trust International Law Firm, Taipei, introduced the legal framework and recent changes in Taiwan’s regulatory approach to money laundering in the age of cryptocurrencies.

The panels were moderated by Jan Kliem, Dr. Duc Quang Ly and Dr. Lasse Schuldt, all CPG.