"Clean" trade - Anti-bribery and corruption risk and the international supply chain

Anti-Corruption and the Rule of Law (Ad Hoc); International Trade

Acme Solar is a solar panel manufacturer headquartered in the U.S., with distribution chains worldwide. It sources all of the components for its solar panels and battery systems overseas, from Sunny Panels in India (panel components) and SunBank in China (battery components). It discovers that Sunny Panels has paid bribes to local officials in India to obtain the permits needed for the local plants that manufacture its panel components. It has learned that Sunny Panels has also taken kickbacks from a subcontractor that supplies it with raw materials. To make matters worse, Acme Solar has also discovered that its rapidly expanding sales have come at a cost—its distributors in China and Australia have bribed government officials to secure lucrative contracts for the supply of panels to large government installations.

Our panel will discuss the implications of these facts for Acme, and will also address variations of these facts, including (i) the implications if one or both of its India and China suppliers is a joint venture or wholly-owned subsidiary, (ii) how wrongful conduct may have been discovered, how investigation(s) may have commenced, and what reporting may have been made, and (iii) variations in consequences if one or more different jurisdictions are involved.

Moderator

  • Mel Schwing, Corrs Chambers Westgarth

Speakers

  • Shin Kim, Tozzini Freire
  • Susan Munro, Steptoe


 

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