HOW DOES YOURCOMPANY HANDLEINVESTIGATIONS?

BENCHMARK AGAINST THE ANONYMOUSINDUSTRY POLLING RESULTS FROMACI’S 32ND FCPA CONFERENCE | NOVEMBER 2015

FCPACONFERENCE.COM

THE COMPANY (LISTED ON NASDAQ AND FTSE) IS CONDUCTINGAN INTERNAL INVESTIGATION INTO ALLEGED BRIBES. THECOMPANY PLANS TO SELF-REPORT THE RESULTS, BUT IT ISCONCERNED ABOUT PROMPTING DERIVATIVE AND CLASS ACTIONLAWSUITS.

SHOULD THE COMPANY CREATE A POWERPOINT PRESENTATIONFOR A GOVERNMENT MEETING WHICH SUMMARIZES THEEVIDENCE AND WITNESS INTERVIEWS?

YES, AND PROVIDE THEM TO SFO, DOJ AND THE SEC: 6%

YES, AND PROVIDE THEM TO SFO, DOJ AND THE SEC, PURSUANT TO A NON-WAIVERAGREEMENT: 23%

SHARE THE POWERPOINT PRESENTATION WITH THE AUTHORITIES DURING MEETING,BUT DO NOT ALLOW THEM TO KEEP A COPY OF THE PRESENTATION: 34%

NO, BUT PROVIDE ORAL SUMMARIES: 37%

AMERICAN CONFERENCE INSTITUTE'SINTERNATIONAL CONFERENCE ON THEFOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC

FCPACONFERENCE.COM

158 ATTENDEES ANSWERED:

A DOJ PROSECUTOR SUBPOENAS DATA (WHICH INCLUDEPERSONNEL FILES AND PERSONAL INFORMATION) RESIDING INGERMANY.

GERMANY'S DATA-PRIVACY LAWS GENERALLY PROHIBITDISCLOSURE OF THE DATA. WHAT SHOULD THE COMPANY DO?

ADVISE THE WORKS COUNCIL OF THE SUBPOENA AND WORK WITH IT WITH A GOALTO PRODUCE THE DATA: 17%

REFUSE TO PRODUCE THE DATA, CITING GERMANY'S DATA PRIVACY LAWS: 7%

ATTEMPT TO OBTAIN THE CONSENT OF EMPLOYEES IDENTIFIED IN THE DATA, ANDTHEREAFTER PRODUCE: 30%

ENCOURAGE THE DOJ PROSECUTOR TO PURSUE PRODUCTION OF DATA FROMGERMAN AUTHORITIES: 46%

AMERICAN CONFERENCE INSTITUTE'SINTERNATIONAL CONFERENCE ON THEFOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC

FCPACONFERENCE.COM

115 ATTENDEES ANSWERED:

A DOJ PROSECUTOR SUBPOENAS DATA RESIDING INCHINA. THE DATA MAY CONTAIN INFORMATIONCONSIDERED "STATE SECRETS" UNDER CHINESE LAW.WHAT SHOULD THE COMPANY DO?

PRODUCE THE DATA: 3%

REFUSE TO PRODUCE THE DATA, CITING CHINA'S STATE SECRETS LAW: 10%

INTERVIEW AN EMPLOYEE REGARDING THE CONTENTS OF THE DATA, THENDISCLOSE THE EMPLOYEE'S DESCRIPTION: 13%

NOTIFY CHINESE AUTHORITIES, AND ASK FOR PERMISSION TO PRODUCETHE DATA AFTER THE AUTHORITIES HAVE HAD AN OPPORTUNITY TOREVIEW AND REDACT THE DATA: 75%

AMERICAN CONFERENCE INSTITUTE'SINTERNATIONAL CONFERENCE ON THEFOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC

FCPACONFERENCE.COM

147 ATTENDEES ANSWERED:

HYPOTHETICALQUESTION:IS DISCLOSUREWARRANTEDUNDER THECIRCUMSTANCES?BENCHMARK AGAINST THE ANONYMOUSINDUSTRY POLLING RESULTS FROMACI’S 32ND FCPA CONFERENCE | NOVEMBER 2015

FCPACONFERENCE.COM

NO: 35%

YES, BUT ONLY IN THE US UNLESS LOCAL COUNSEL ADVISESOTHERWISE: 28%

NO, UNLESS THERE IS A RISK THAT A WHISTLEBLOWER WILLDISCLOSE THIS INFORMATION TO US AUTHORITIES: 13%

YES, BOTH IN THE US AND THE ASIAN COUNTRY BECAUSETHESE TWO COUNTRIES WILL LIKELY COOPERATE IN THEINVESTIGATION ANYWAY: 13%

YES, BUT ONLY IF FURTHER INVESTIGATION SHOWS THAT USEMPLOYEES WERE AWARE OF THE CAYMAN ISLAND PAYMENTS:11%

AMERICAN CONFERENCE INSTITUTE'SINTERNATIONAL CONFERENCE ON THEFOREIGN CORRUPT PRACTICES ACT |WASHINGTON, DC

FCPACONFERENCE.COM

MARK YOUR CALENDARS!

PRE-REGISTER NOW | 888-224-2480 | FCPACONFERENCE.COMMENTION REGISTRATION CODE: B00-700-LNK17