On April 24, 2024, President Biden signed into law H.R. 815[1], an emergency supplemental appropriations law, that provides $95.3 billion in military aid to U.S. allies and requires the divestiture of certain social media applications. While much of the discussion surrounding the new law focuses on the emergency foreign aid funding for Ukraine, Israel, and … Continue Reading
The second half of 2023 saw eight enforcement actions from the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). These actions reflect a range of penalties, industries, sanctions programs, conduct, and lessons learned. Below are some highlights from OFAC’s enforcement releases and settlement agreements. Penalties OFAC imposed a total of $984,851,289.90 in penalties … Continue Reading
About this time last year, we offered some insight on Economic Espionage and Theft of Trade Secrets, which included a primer on economic espionage, case examples, and avoidance strategies. We observed that “[w]hile the Office of the Director of National Intelligence has identified China, Russia, and Iran as the three states most capable of committing … Continue Reading
This month, the 118th Congress convened in Washington, D.C., ushering in a return to divided government. Republicans now hold a narrow majority in the House of Representatives, while Democrats have retained their slim Senate majority. With few opportunities likely for bipartisan compromise, Congress is expected to engage in more frequent and more partisan congressional investigations. … Continue Reading
President Biden signed the Uyghur Forced Labor Prevention Act (UFLPA) into law in December 2021. Beginning on June 21, US Customs and Border Protection (CBP) will apply a “rebuttable presumption” that all goods originating from China’s Xinjiang Uyghur Autonomous Region violate an existing ban on the importation of goods made with forced labor into the … Continue Reading
On February 23, 2022, the U.S. Department of Justice (“DOJ”) announced the end of an initiative to prioritize suspected Chinese economic espionage. The intent of the initiative was to prevent China’s intelligence apparatus from stealing U.S. technology, specifically from research institutions and universities. However, DOJ National Security Division Chief Matthew Olsen stated the initiative “fueled … Continue Reading
In 1996, President Clinton signed the Economic Espionage Act (the “Act”). At the time, the principal proponents of the law included business leaders from the then burgeoning Silicon Valley as well as from the aerospace industry. Proponents of the Act claimed foreign entities were actively attempting to steal trade secrets and that the existing laws … Continue Reading
In 2018, the US Department of Justice (DOJ) issued many important policy updates and rollouts that will have far-reaching impact. Our firm’s Alert provides an easily navigated yet detailed summary of developments. Policy Shifts at the Department of Justice – 2018 in Review focuses on government investigations and white collar prosecutions. The Alert covers:… Continue Reading
A deal to strengthen vocational education and training (VET) ties with China could increase the incidence of corruption and bribery occurring at Australian education institutions, with one commentator warning that education providers must assess and manage the quality assurance risks associated with international student enrolments. Griffith University Business School senior lecturer and Renmin University visiting … Continue Reading
1. New laws or regulations State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming laws or regulations No developments. 3. Government Action (1) On July 3, 2015, Li Fengchun (“Li”), the former Deputy Inspector of the Standing Committee of Xinyu Municipal People’s Congress and the former … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming law or regulation No developments. 3. Government Action (1) On December 5, 2014, Zhang Xiaodong (“Zhang”), the former Party Secretary of Anyang City, Henan Province, was sentenced for taking bribes … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming law or regulation No developments. 3. Government Action (1) On November 4, 2014, Yang Xianjing (“Yang”), the former Inspector of the Department of Land and Resources of Anhui Province, was … Continue Reading
Peter William Humphrey, a British citizen, and his American wife, Yu Yingzeng, were prosecuted on August 8, 2014 in Shanghai No.1 Intermediate People’s Court for illegally obtaining the personal information of Chinese citizens. The court sentenced Mr. Humphrey to a fixed-term imprisonment of two and one-half years, a fine of RMB 200,000, and deportation from … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming law or regulation (1) It was reported on October 27, 2014 that the Draft Ninth Amendment to Criminal Law (the “Draft Amendment”) was under review by the National People’s Congress Standing … Continue Reading
This article was originally published by LexisNexis and is reproduced with permission. GlaxoSmithKline (GSK) has been fined £300 million and five of its employees given suspended prison sentences in China for bribery – but is this the end of the matter? What impact will the verdicts have on other multinational companies conducting business in China? … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming law or regulation No developments. 3. Government Action (1) It was reported on August 2, 2014 that Zou Heping (“Zou”), the former Deputy Chief of Transport Department of Hunan Province, … Continue Reading
1. New law or regulation State level: (1) On July 16, 2014, the General Office of the Communist Party of China (“CPC”) Central Committee and the State Council jointly issued the Guiding Opinions on Comprehensively Promoting the Reform of Official Vehicles System and the Reform Scheme of the Official Vehicles System in Central and State … Continue Reading
The UK’s Serious Fraud Office (“SFO”) has launched a formal criminal investigation into GlaxoSmithKline (GSK) and its “commercial practices”, understood to mean allegations of foreign bribery. David Green CB QC, Director of the SFO, said back in 2012 that only the largest cases, that prevented UK companies from competing for big contracts on a level … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: No developments. 2. Upcoming law or regulation No developments. 3. Government Action (1) It was reported on February 7, 2014 that Zhou Guangrong (“Zhou”), the former Head of Health Bureau of Chengdu City, Sichuan Province, was … Continue Reading
1. New law or regulation State level: No developments. Local level (Beijing & Shanghai): No developments. Communist Party Rules: (1) On January 16, 2014, the Communist Party of China (“CPC”) Central Committee issued the Regulation on Selection and Appointment of the Party and Government Leaders (the “Regulation”), which took effect on the same day and … Continue Reading
New law or regulation State level: (1) It was reported on 8 December 2013 that the General Office of the Central Committee of the Communist Party of China (“CPC”) and the General Office of the State Council jointly issued the Provisions on Administration of Domestic Official Reception by Party and Government Organs” (the “Provisions”) to … Continue Reading
1. New law or regulation State level: On November 25, 2013, the Central Committee of the Communist Party of China and the State Council jointly issued the Regulation to Ban Official Extravagance (the “Regulation”), which regulate the management of funds, official travel, official receptions, official vehicles, and official conferences, etc. According to the Regulation, the … Continue Reading
1. New law or regulation State level: No developments Local level (Beijing & Shanghai): No developments Communist Party Rules: No developments 2. Upcoming law or regulation No developments 3. Government Action (1) On October 10, 2013, Tian Xueren (“Tian”), the former Executive Deputy Governor of Jilin Province, stood trial in Beijing No.1 Intermediate People’s Court … Continue Reading
1. New law or regulation State level: No developments On September 23, 2013, the Ministry of Finance, the National Government Affairs Administration, and the Administration of Government Affairs, directly under the Central Committee of the Communist Party of China (“CPC”), jointly issued the Administrative Measures on Conferences of Central and State Departments (“Measures”), which target … Continue Reading
