"Approaching Anti-corruption Legislation: Threat Assessments & Mitigation Strategies" Peerapan Tungsuwan Date: March 2, 2011 Venue: Four Seasons Hotel Bangkok

2 Strict Liability Corporate Offence under UK Bribery Act –Strict Liability offence can be committed by a relevant commercial organisation where a person associated with the relevant commercial organisation (RCO) bribes another person intending: –To obtain or retain business for the RCO; or –To obtain or retain a business advantage in the conduct of business for the RCO. –Defence for the RCO to prove that it had adequate procedures designed to prevent associated persons from engaging in bribery.

3 UK Bribery Act - Draft Government Guidance –Six principles for “adequate procedures” for bribery prevention –Risk assessment –Top level commitment –Due diligence –Clear, practical and accessible policies and procedures –Effective implementation –Monitoring and review

4 Baker’s Dozen of Compliance 1.Establish zero tolerance corporate culture that emanates from the top 2.Specific, customized codes of conduct 3.Live and interactive training for senior executives and managers

5 Baker’s Dozen of Compliance continued 4.Conduct risk based audits compatible with laws in each applicable jurisdiction 5.Robust protocols to respond to allegations of misconduct 6.Thorough anti-corruption due diligence on all transactions and for third party contractors

6 Baker’s Dozen of Compliance continued 7.Implement immediate post-transactional due diligence upon completion of a transaction 8.Regular audits of all agents and business partners 9.Thoroughly investigate all suspicious activities and keep records. Watch for red flags

7 Baker’s Dozen of Compliance continued 10.Protect privileged information 11.Swift disciplinary/enforcement action against all corruption 12.Voluntary reporting may result in more lenient treatment 13.Make anti-corruption practices your top priority

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