Anti-Corruption & FCPA

Pamir provides strategic planning and implementation support for corruption prevention and response programs to ensure compliance with the US Foreign Corruption Practices Act (“FCPA”) and similar international corruption laws and regulations adapted to local legal and market realities.

We provide the following services:

Comprehensive Institutional Anti-Corruption Programs

We work closely with company executives, general counsel and compliance officers to develop holistic anti-corruption programs that implement recognized global best practices adapted to local legal and market realities in China and Taiwan including:

  • Home-Country Anti-Corruption Law Compliance Programs (conforming China/Taiwan practices with Home Country Laws and regulations)
  • Corruption Prevention Programs and Training
  • Crisis Response Services
  • Third Party Compliance Programs (Including Partners, Distributors, Suppliers and Others)
  • Programs to Prevent Leakage of Proprietary Trade Secrets/IP/Know-How by Company Employees to Third Parties
  • Prevention, Monitoring and Crisis Response Programs for Fraud, Embezzlement, Kickbacks, Government Bribery and Commercial Bribery
  • International White Collar Crime Litigation/Investigation Support.
  • Develop and implement US FCPA Schedule C compliance programs.

M&A/Transactions

Partner selection is the single most important anti-corruption decision any organization will make in China or Taiwan. We help clients screen the backgrounds and previous activities of potential acquisition targets, joint venture partners or key supply chain partners to reduce the risk that their past or current activities become a liability for their organization. Our services include:

  • Phase-One Corruption Due Diligence Programs. We advocate a streamlined two-step due diligence process. Phase one consists of an initial corruption screening of the target/partner and phase two consists of traditional legal and financial due diligence only if preliminary corruption due diligence is satisfactorily completed.
  • Risk Assessment Reports
  • Partner/Third Party Vendor Bona Fides Checks
  • Guanxi Mapping and Business Ecosystem Mapping Programs
  • Background Checks on Companies
  • Background Checks on Individuals including PRC Official Records Search, employment history verification, criminal records, official labor bureau and political party files as permitted by law.

Crisis Response & Investigations

We help clients to conduct in-depth investigations in response to internal or external allegations of embezzlement, kickbacks, commercial bribery and government bribery. We may facilitate working relationships with law enforcement agencies at the national and local levels. Our services include:

  • Crisis Assessment, Planning and Response Mechanisms combining multiple considerations from legal, public relations, government, consumer protection and others
  • Partner/Third Party Vendor Bona Fides Checks
  • Guanxi Mapping and Business Ecosystem Mapping Programs
  • Background Checks on Companies
  • Background Checks on Individuals including PRC Official Records Search, employment history verification, criminal records, official labor bureau and political party files as permitted by law.
  • Missing Person Searches
  • Phone Record Searches as permitted by law
  • Bank Account Investigations, as permitted by law
  • Asset Search Investigations, as permitted by law

Audits and Surveys

We help management teams design and implement programs to ensure constant monitoring and early discovery of corrupt practices within the organization, including:

  • Periodic Operational Best Practices Audits/Trainings
  • Monitoring and Ongoing Diligence Programs

Operations

We create programs that ensure corruption prevention becomes an integral component of your organization’s operations in China and Taiwan. Our services include:

  • Corporate Governance Systems
  • Corporate Governance Compliance and Restructuring Reviews
  • Procurement Team and Process Investigations
  • Sales and Distribution Team Training Certification and Recertification Programs
  • Government Approvals Team Review Training Certification and Re-certification Programs
  • Senior Management Review Training Certification and Recertification Programs
  • Third Party Vendor Screening Programs
  • Third Party Training Certification and Recertification Programs
  • No Conflict of Interest Policy
  • Internal Whistle Blower Mechanism Development
  • Revisions to Company HR Manual to include:
    • Background Checks on Individuals
    • PRC Official Records Search including employment, criminal, officials labor bureau and political party files
    • Reference Check Verifications

Training Programs Needed for Reporting and Certifications

  • FCPA in Asia Training
  • PRC Corruption Law and FCPA Training
    • Context: Global and Local
    • Legal Standards and Penalties
    • Government Bribery
    • Commercial Bribery
    • Recent Cases
    • Case Studies
    • Practice Cases and Training Sessions
    • Practical Action Plan and Next Steps
  • Taiwan Corruption Law and PCPA Training
    • Context: Global and Local
    • Legal Standards and Penalties
    • Recent Cases
    • Case Studies
    • Practice Cases and Training Sessions
    • Practical Action Plan and Next Steps    
  • Tailored Programs for
    • Procurement Teams
    • Sales and Distribution Teams
    • Senior Management Teams
    • Governmental Approval Teams

Ask a lawyer about China Taiwan Anti Corruption and FCPA Compliance