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Celebrating the OECD Anti-Bribery Convention at 20, the FCPA at 40 & Addressing the Challenges Ahead
The 1977 Foreign Corrupt Practices Act paved the way for the 1997 OECD Anti-Bribery Convention requiring major exporting nations to criminalize bribery of foreign public officials in international business. Global enforcement has ratcheted up, spurring enhanced compliance. As a result, bribery from a number of countries has been reduced in international trade and investment. Yet, challenges remain, including securing consistent vigorous global enforcement and addressing solicitation, kleptocracy, and opaque offshore vehicles misused to hide illicit assets. What has been accomplished so far, and what is planned for the future in the fight against corruption in international business?
Wednesday, November 8, 2017 | 8:30-11:00 am
American University Washington College of Law
Claudio Grossman Hall, 4300 Nebraska Avenue, NW Washington DC
Former Domestic Policy Advisor, President Carter, & U.S. Ambassador to the EU, Under Secretary of State & Commerce, Deputy Secretary of Treasury
Ambassador Eizenstat heads the firm’s international practice. His work at Covington focuses on resolving international trade problems and business disputes with the US and foreign governments, and international business transactions and regulations on behalf of US companies and others around the world.
During a decade and a half of public service in three US administrations, Ambassador Eizenstat has held a number of key senior positions, including chief White House domestic policy adviser to President Jimmy Carter (1977-1981); U.S. Ambassador to the European Union, Under Secretary of Commerce for International Trade, Under Secretary of State for Economic, Business and Agricultural Affairs, and Deputy Secretary of the Treasury in the Clinton Administration (1993-2001).
During the Clinton Administration, he had a prominent role in the development of key international initiatives, including the negotiations of the Transatlantic Agenda with the European Union (establishing what remains of the framework for the US relationship with the EU); the development of the Transatlantic Business Dialogue (TABD) among European and US CEOs; the negotiation of agreements with the European Union regarding the Helms-Burton Act and the Iran-Libya Sanctions Act; the negotiation of the Japan Port Agreement with the Japanese government; and the negotiation of the Kyoto Protocol on global warming, where he led the US delegation.
Much of the interest in providing belated justice for victims of the Holocaust and other victims of Nazi tyranny during World War II was the result of his leadership of the Clinton Administration as Special Representative of the President and Secretary of State on Holocaust-Era Issues. He successfully negotiated major agreements with the Swiss, Germans, Austrian and French, and other European countries, covering restitution of property, payment for slave and forced laborers, recovery of looted art, bank accounts, and payment of insurance policies. His book on these events, Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II, has been favorably received in publications like the New York Times, Los Angeles Times, Washington Post, Business Week, and Publisher’s Weekly. It has been translated into German, French, Czech and Hebrew.
Ambassador Eizenstat has received eight honorary doctorate degrees from universities and academic institutions. He has been awarded high civilian awards from the governments of France (Legion of Honor), Germany, Austria, and Belgium, as well as from Secretary of State Warren Christopher, Secretary of State Madeleine Albright, and Secretary of the Treasury Lawrence Summers. In 2007, he was named “The Leading Lawyer in International Trade” in Washington, DC by Legal Times. His articles appear in The New York Times, Financial Times, International Herald Tribune, Washington Post, Los Angeles Times, Foreign Policy magazine, and Foreign Affairs magazine, on a variety of international and domestic topics. Ambassador Eizenstat grew up and was educated in the public schools of Atlanta. He is a Phi Beta Kappa, cum laude graduate of the University of North Carolina at Chapel Hill and of Harvard Law School. He is married to Frances Eizenstat and has two sons and eight grandchildren.
John P. Cronan
Principal Deputy Assistant Attorney General, Criminal Division, Department of Justice
John Cronan serves as the Principal Deputy Assistant Attorney General for the Criminal Division of the Department of Justice. In that capacity, John assists the Assistant Attorney General in the supervision of the Criminal Division’s more than 600 federal prosecutors who conduct investigations and prosecutions involving fraud, FCPA violations, public corruption, cybercrime, intellectual property, organized and transnational crime, money laundering, child exploitation, and other matters. John also assists in the supervision of international matters, including the Criminal Division’s Office of International Affairs, which handles mutual legal assistance requests and extraditions for the United States.
Prior to his current role as Principal Deputy Assistant Attorney General, John supervised the national security unit of the United States Attorney’s Office for the Southern District of New York in Manhattan from May 2014 through August 2017. In that capacity, John supervised the investigation and prosecution of many defendants suspected of terrorism offenses, espionage, international narcotics trafficking, and international money laundering. Among other cases, John supervised the investigation and prosecution of Ahmed Rahimi, who was convicted of detonating a bomb in New York City in September 2016 and other terrorism offenses, as well as the investigation and prosecution of several other individuals for supporting ISIS. As a trial attorney at the United States Attorney’s Office, John prosecuted a wide-array of criminal and national security cases, including terrorism, export, and narcotics trafficking offenses. John prosecuted the terrorism trial of Sulaiman Abu Ghayth, Usama Bin Laden’s son-in-law and a senior member of al Qaeda who served as the terrorist organization’s spokesperson after the September 11th terrorism attacks. John also prosecuted and convicted Abu Hamza al-Masri, a London-based terrorist leader who orchestrated global acts of terror; Faisal Shahzad for the attempted bombing of Times Square in May 2010; and several other defendants who provided support to al Qaeda and other terrorist organizations.
John graduated magna cum laude from Georgetown University and received his J.D. from Yale Law School, where he was the Editor-in-Chief of the Yale Law and Policy Review. John clerked for the Honorable Robert A. Katzmann, U.S. Court of Appeals for the Second Circuit and the Honorable Barrington D. Parker, Jr., U.S. District Court for the Southern District of New York and U.S. Court of Appeals for the Second Circuit.
Chair, OECD Working Group on Bribery
Mr. Drago Kos is the Chair of the OECD Working Group on Bribery in International Business Transactions. He used to be Commissioner and Chair of the Anti-Corruption Monitoring and Evaluation Committee (MEC) in Afghanistan. Between 2003 and 2011 he was the Chairman of the Council of Europe’s Group of States against Corruption (GRECO). Between 2004 and 2010 he was the first Chairman of the Commission for the Prevention of Corruption in Slovenia. He also used to be a Co-Chair of European Partners against Corruption. He used to be a soccer player and UEFA/FIFA referee and is now a UEFA/FIFA referee observer.
Principal Deputy Chief, Money Laundering & Asset Recovery Section, Department of Justice
Since 1998, Mr. Claman has specialized in international money laundering and forfeiture for the Criminal Division of the U.S. Justice Department, where he serves as Principal Deputy Chief of the International Unit of the Money Laundering and Asset Recovery Section. He leads a team of attorneys responsible for the Department’s Kleptocracy Asset Recovery Initiative, which litigates to recover the proceeds of foreign official corruption. He participated as a U.S. negotiator for the Asset Recovery Chapter of the United Nations Convention Against Corruption, has served as the legal expert on two Financial Action Task Force mutual evaluations, and has chaired the forfeiture working group of the OAS Experts Group on Money Laundering. Prior to joining the Criminal Division, Mr. Claman served as a trial attorney in the Justice Department’s Civil Rights Division.
Director, Investment, Trade & Financial Services, U.S. Council for International Business
Eva Hampl coordinates USCIB work on investment and financial policy issues. She is responsible for issues management, policy development, secretariat support to relevant USCIB committees and participating in membership development activities. Before joining USCIB in 2014, Hampl completed a GE fellowship in its Global Government Affairs and Policy division. Prior to her fellowship she served as a trade associate with the U.S. Senate Committee on Finance.
Hampl also interned with the Trade Section of the Delegation of the EU to the United States, and she served as a law clerk to the Connecticut Superior Court. She has experience in investment and trade issues and has done research on transparency in WTO dispute settlement and investor-state arbitration under investment treaties. She holds a master’s of law in international and comparative law from The George Washington University Law School and a law degree from Suffolk University Law School.
Analyst, OECD Anti-Corruption Division
BROOKS HICKMAN, as a member of the OECD’s Anti-Corruption Division, supports the Working Group on Bribery as it conducts peer-review evaluations to monitor the implementation of the OECD Anti-Bribery Convention. He is one of the main authors of the OECD’s 2016 stocktaking report, The Liability of Legal Persons for Foreign Bribery, which systematically compares the legal frameworks that the Working Group on Bribery’s members can use to hold companies liable for foreign bribery.
Before joining the Division, Mr. Hickman worked for a US law firm on commercial and investment arbitrations as well as white-collar criminal matters, including internal investigation and due diligence matters for companies subject to the US FCPA and the UK Bribery Act. He is a member of the bars of the District of Columbia and Virginia in the United States and is eligible to join the Barreau de Paris in France.
Legal Counsel & Director of Government Affairs, Global Financial Integrity
Heather Lowe serves as Legal Counsel and Director of Government Affairs at Global Financial Integrity, serving as both Legal Counsel for the organization while also spearheading GFI’s advocacy efforts in the U.S. and internationally. Ms. Lowe is active in the anti-corruption, anti-money laundering, and international tax reform communities, coordinating with civil society, government officials, and intergovernmental organizations in a variety of countries to promote policies to curtail illicit financial flows. Beginning in 2010, she was one of two civil society representatives participating in industry consultations on the international anti-money laundering guidelines known as the FATF Recommendations (recently opened to wider participation), has been actively involved in the OECD’s BEPS initiative, the OECD’s Anti-Bribery Working Group, and is a member of the World Economic Forum’s Council on Transparency and Anti-Corruption. Her work with GFI has taken her to more than 35 countries.
Ms. Lowe is a leader within the civil society community working on illicit financial flows, serving as Vice Chair of the global Financial Transparency Coalition and as a member of the Steering Committee of the U.S.-focused Financial Accountability and Corporate Transparency (FACT) Coalition. She has presented at numerous international conferences and webinars on money laundering, corruption, and offshore tax evasion and avoidance. She is frequently quoted in mainstream press, such as The Wall Street Journal, The New York Times, The Economist, Reuters, and Bloomberg, and has appeared as a guest on CNN, CNBC, Fox Business News, the BBC, and RT TV, as well as various radio programs including several appearances on National Public Radio.
Ms. Lowe brings international legislative expertise and banking and finance law experience to her role, having worked as an aide to a British Member of the European Parliament in Brussels and as a banking and finance attorney at both Clifford Chance LLP in London and Bingham McCutchen LLP in Boston.
Assistant Chief, Fraud Section, Criminal Division, Department of Justice
Mr. Tsao is an Assistant Chief in the Fraud Section, Criminal Division, at the United States Department of Justice, where he supervises, investigates and prosecutes cases under the Foreign Corrupt Practices Act against individuals and corporations. He also works closely with foreign law enforcement authorities on anti-corruption case and policy matters, including representing the Department of Justice at the Asian-Pacific Economic Cooperation (APEC) Anti-Corruption Working Group. Prior to joining the Criminal Division, Mr. Tsao spent eight years as a federal prosecutor in Philadelphia, Pennsylvania, where he prosecuted a variety of complex cases, including public corruption, securities fraud and narcotics trafficking. Mr. Tsao spent also spent five years at law firms in New York City and Washington, D.C., and served as a law clerk to the Honorable Robert Boochever for the U.S. Court of Appeals for the Ninth Circuit. Mr. Tsao received his law degree magna cum laude from Cornell Law School.
CLE credit will be available.
WIIT’s Anti-Corruption and Corporate Social Responsibility Program Section is Co-Chaired by: Kathryn Nickerson, U.S. Department of Commerce, Saskia Zandieh, Miller & Chevalier