8月22日，汤森路透《亚洲法律杂志》(ALB)与泰和泰律师事务所在北京瑰丽酒店联合举办了2019 ALB泰和泰合规新视野论坛，100余位来宾和专家就当下企业合规理论和实践的前沿问题展开了热烈探讨。
早上九点半，汤森路透中国区总经理及大中华区企业事业部总经理王利先生和泰和泰律师事务所首席合伙人程守太律师为论坛致开幕辞。
王利先生在开幕致辞中提到，随着政策法规环境、市场环境的不断变化，监管力度的不断加强，如何应对监管风险、如何有效进行合规管理与风险管控，已成为关乎企业运营与竞争成败的重要因素。合规问题，已成为当下企业关注的热点问题。
程守太律师在开幕致辞中表示，合规管理既是企业内控管理的重要环节，也是企业经营风险管理的关键环节，当前，各国不断加强监管，创新监管方式与思路，强化合规风险防范与合规经营已成为全球企业的普遍共识。同时，伴随着中国一系列合规法规和政策的出台，有理由相信，中国企业的合规时代已经到来。程律师还提到，泰和泰律师事务所始终关注和重视合规理论与实践，已于2016年设立了合规法律中心，对企业合规管理进行体系化的研究，通过提供优质的服务和产品积极助力企业合规管理的专业化。
论坛演讲环节首先是泰和泰律师事务所高级合伙人吴小琛律师带来的“中美贸易法立法与执行比较”。就中美贸易这一高关注度问题，吴律师首先分别介绍了中美贸易战中美国的法律工具和中国的对应法律工具，继而就对等关税法、退出WTO、双边贸易协议、货币贬值、不可靠实体清单、国家安全审查、非关税壁垒等方面介绍了美国和中国的新动向，随后，吴律师就企业合规应对方面给出了建议：中美贸易投资争议将是长期性的，对企业经营造成的不确定性也将是长期性的，应从关税、WTO新规则、技术封锁、收购限制等方面做好应对。吴小琛律师专业生动的分析讲解，引人入胜，丰富扎实的经验分享也使得与会嘉宾受益颇多。
随后，泰和泰律师事务所高级合伙人李锦南律师就“新时期中国企业需加强海外项目合规管理”进行主题演讲。李律师从中国企业海外项目日益面临合规风险（反腐败与欺诈、环保合规、出口管制与经济制裁、劳工权利保护）进行切入，继而介绍国际金融机构对不合规行为的制裁情况，并就构建有效的海外项目合规管理体系给出了具体建议，最后，李律师就《企业境外经营合规管理指引》进行了解读。李律师针对中国企业海外项目合规管理需关注的相关法律和实践的分析解读，十分精彩。
短暂的茶歇过后，后半场的论坛延续了之前的热烈氛围。
泰和泰律师事务所高级合伙人刘志强律师带来了“财税法差异视角下的企业并购重组”这一话题，刘律师的演讲从三方面展开：会计准则、税法、公司法关于并购重组的合规差异；财税法差异下的不同处理方法、案例和影响；基于财税法差异的合规选择。刘律师将演讲与案例结合，通过植根于自身的专业积累与经验分享，博得阵阵掌声。
泰和泰律师事务所三位高级合伙人的精彩主题演讲过后，论坛进入了专家讨论环节，五位在合规领域具有丰富实践经验的专家与参会嘉宾分享交流在合规方面的体会。专家讨论环节由泰和泰律师事务所专家顾问潘燕女士作为主持人，讨论嘉宾是北京卡路里信息技术有限公司 (Keep)法务总监梁敏女士，同方股份有限公司总裁助理、法务部总经理苏云鹏先生，泰和泰律师事务所深圳办公室主任黄远兵律师和泰和泰律师事务所济南办公室主任张慧律师。五位专家的讨论涉及企业具体工作中如何建立有效的合规管理体系；合规管理体系如何融入到企业的日常工作和业务过程；如何在识别合规风险的基础上，对低频风险和高频风险进行合理投入；如何来平衡风险与成本之间的关系；企业内部人员应当如何平衡合规的独立性与身份隶属之间的关系，律师如何与企业合规部门相互配合；从小合规的角度，律所做合规与机构反腐、企业纪委反腐有什么不同；反腐败合规是否会影响企业经营，在反腐败合规管理中需要注意的问题；合规培训中应当注意的问题；合规管理中的痛点、难点；如何平衡合规管理和商业机会之间的关系等。五位专家的讨论十分贴合企业实务，再次将会场气氛推向高潮。
专家讨论结束后，泰和泰律师事务所高级合伙人李静传律师致闭幕辞。李静传律师表示，本次论坛组织十分成功，泰和泰律师事务所的几位高级合伙人和顾问基于丰富经验的专业分享，相信会给与会嘉宾带来有价值的信息参考。
2019 ALB泰和泰合规新视野论坛在热烈的氛围中获得圆满成功，受到与会嘉宾们的广泛好评。ALB作为大会组织者，真诚感谢每一位到来的嘉宾，我们将在未来呈现更多精彩活动，十分期待与各位下一次的见面。
ALB Tahota Compliance Forum 2019 wrapped up successfully
Asian Legal Business (ALB) of Thomson Reuters and Tahota Law Firm jointly held the 2019 ALB Tahota Compliance Forum at the Rosewood Hotel in Beijing on August 22. The Forum attracted over 100 experts and professionals who exchanged their ideas about the current frontier issues in corporate compliance from theoretical and practical perspectives.
The Forum kicked off at 9:30 in the morning, with the opening and welcome remarks delivered by Mr. Steven Wang, Head of China and Head of Greater China for Corporate Segment of Thomson Reuters, and Mr. Cheng Shoutai, Chief Partner of Tahota Law Firm.
In his speech, Mr. Wang said that in the context that enterprises nowadays are faced with changing compliance policies and regulations, changing market environment, and the continuously intensified regulation, how to deal with regulatory risks and how to effectively carry out compliance management and risk control have become an important factor for enterprises to gain competitive edge, thus compliance has become one of the top concerns of enterprises.
Mr. Cheng echoed Mr. Wang's opinion in his speech and said that compliance management is not only an important part of enterprise internal control management, but also a key part in enterprise risk management. In the current context that all countries continue to intensify regulation and introduce new regulatory approaches and ideas, all enterprises around the world have put strengthening compliance risk prevention and compliance management among their top priorities. Meanwhile, with the introduction of a series of compliance regulations and policies in China, there is reason to believe that the era of compliance of Chinese companies has arrived. Tahota Law Firm always pays attention to the compliance theory and practice, said Mr. Cheng. Tahota set up a compliance law center to systematically study corporate compliance management in 2016, and has been actively helping enterprises with compliance management by providing professional and high-quality services and products.
Mr. Wu Xiaochen, Senior Partner at Tahota Law Firm, gave the first keynote presentation entitled "U.S.-China Trade Law and Enforcement Comparison". With the focus on the U.S.-China trade, Mr. Wu first introduced the legal approaches adopted by the United States in the U.S.-China trade war and the counter-measures taken by China, and then briefed the new trends in the United States and China from the aspects of the countertrade tariff, withdrawal from the WTO, bilateral trade agreements, currency depreciation, the unreliable entity list, national security reviews, and non-tariff barriers. Mr. Wu then gave advice on corporate compliance: the trade conflict between China and the United States will be long-term, and the uncertainty of business operations of enterprises will also be long-term, thus counter-measures should be taken in terms of tariffs, new WTO rules, technical blockades, and acquisition restrictions. Mr. Wu is an expert in foreign trade related matters, with profound practicing experience in antidumping, WTO dispute settlement, anti-trust and other areas. His presentation was highly informative and enjoyable, and benefiting to all the audiences.
Mr. Wu was followed by Mr. Li Jinnan, Senior Partner at Tahota Law Firm. Mr. Li gave a keynote speech on "Chinese Companies Need to Improve Compliance Management of Overseas Projects in the New Age". He first gave an account of the increasing compliance risks faced by overseas projects of Chinese enterprises, including anti-corruption and fraud, environmental compliance, export control and economic sanctions, and labor rights protection; then briefed the sanctions imposed by international financial institutions on non-compliance acts, and gave concrete suggestions on how to set up an effective compliance management system for overseas projects. Finally, Mr. Li gave great insights and interpretation concerning the Guidelines for Enterprises on Compliance Management of Overseas Business Operations, focusing on the compliance-related laws and practices to which Chinese enterprises should pay attention in their overseas projects.
After a short refreshment break, the Forum continued with the same excitement.
The Forum heard a keynote presentation given by Mr. Liu Zhiqiang, Senior Partner at Tahota Law Firm, which was entitled "M&A and Restructuring of Enterprises from the Perspective of Differences in Financial and Tax Law". Mr. Liu elaborated on the topic from three aspects: compliance differences of accounting standards, tax laws, and company laws on M&A and restructuring; different handling methods, cases and impacts under the differences of financial and tax law; and compliance selection based on differences in financial and tax law. His presentation combined theory and case analysis, which made it highly informative and enjoyable. His wonderful sharing won big round of applause from the audience.
After hearing wonderful keynote speeches given by three senior partners of Tahota, the Forum entered the panel discussion session. Five experts with rich practicing experience in the field of compliance shared with the participants their understandings and insights on compliance. The panel discussion was moderated by Ms. Pan Yan, Counsel at Tahota Law Firm. The panelists were Ms. Amy Liang, Legal Director of Beijing Calorie Information Technology Co., Ltd. (Keep), Mr. Peter Su, President Assistant and General Counsel of Tsinghua Tongfang Co., Ltd., Mr. Huang Yuanbing, Director of Shenzhen Office of Tahota Law Firm, and Ms. Zhang Hui, Director of Jinan Office of Tahota Law Firm. The five experts shared their ideas about how to establish an enterprise-specific effective compliance management system; how to integrate the compliance management system into the daily work and business process of enterprises; how to rationally invest in controlling low-frequency risk and high-frequency risk based on the identification of compliance risks; how to balance the relationship between risk and cost; how should the internal staff of enterprises balance the relationship between compliance independence and identity subordination; how should lawyers and compliance departments cooperate with each other; from the perspective of small business compliance, what is the difference between the compliance conducted by law firms and the anti-corruption compliance by institutions and enterprise disciplinary committee; whether anti-corruption compliance will affect the business operations of enterprises and issues that should be paid attention to in anti-corruption compliance management; issues that should be paid attention to in compliance training; challenging and difficult issues in compliance management; and how to balance the relationship between compliance management and business opportunities. Their sharing was inspiring and based on practical experience, and got the audience fully involved in the discussion.
After the panel discussion, Mr. Li Jingchuan, Senior Partner at Tahota Law Firm, made a closing speech. Mr. Li said that the Forum was very successful, and senior partners and consultants of Tahota gave great and insightful presentations and sharing based on their rich experience and profound knowledge, which brought valuable information to all participants.
We, as the organizer of the ALB Tahota Compliance Forum 2019, want to extend our sincere gratitude to everyone who participated and made the event a great success. We will dedicate more wonderful ALB activities in the future and look forward to seeing you again next time.
