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Getting The Deal Through – Anti-Corruption Regulation 2011

Members of the Squire Sanders China team have written the China chapter to the fifth edition of Getting the Deal Through – Anti-Corruption Regulation 2011, which provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. Following the format adopted throughout the series, our China team has provided responses … Continue Reading

China’s Amendment to the Criminal Law to Outlaw Bribery of Foreign Officials Becomes Effective

An amendment of the PRC Criminal Law which criminalizes bribery of foreign government officials and “international public organizations” to secure illegitimate business benefits went into effect on May 1, 2011. The PRC did not have any law addressing cross-border bribery before and this law will be the first law to condemn bribery of foreign officials. This … Continue Reading

IBM and the SEC Settle Up

IBM resolved an enforcement action brought by the SEC, which alleged the company violated the FCPA’s books and records and internal controls provisions.  SEC alleged IBM subsidiaries and an IBM join-venture made illicit payments and provided gifts, travel and entertainment to Chinese and South Korean government officials for improper purposes.  IBM did not admit nor … Continue Reading

Thinking about China’s Amended Criminal Law: More Questions than Answers

On February 25, 2011, China adopted Amendment No. 8 of the PRC Criminal Law, which criminalizes bribery of foreign government officials and of international public organizations in order to secure illegitimate business benefits. Previously, the focus of PRC antibribery laws and regulations had been on bribery – both involving officials and purely commercial parties — in a … Continue Reading

Social Audits with Chinese Characteristics: PRC Higher Courts’ Online Complaint Tool

At the end of last year, successful use of ‘social audits’ in India to enable citizens to ensure  public officials are applying public funds properly received media attention. By turning citizens into watchdogs at the local level, thousands of corrupt officials have been caught and information sharing is a key part of the audit process: “The results … Continue Reading

Foshan Meijiao Trading’s attempted bribery of PEMEX execs: Update from China

Thanks to SSD Network colleague Humberto Morales for updating us on the view from inside Mexico of the arrest of 2 Chinese nationals for attempted bribery of 2 PEMEX executives. Humberto is a former GC for General Electric in Mexico and will be a regular contributor o The Anticorruption Blog on Mexico-related matters. His post made me wonder … Continue Reading

Conviction of China National Nuclear Corp GM: Killing the chicken to scare the monkeys?

In many ways, Kang Rixin is a model of the senior Party member/corporate executive in today’s China that Richard McGregor describes so ably in his must-read book “The Party: The Secret World of China’s Communist Rulers“: Besides holding the business title of General Manager of China National Nuclear Corporation, Kang also was the Party Secretary of the … Continue Reading

Ever Wonder Whether FCPA Cases Lead to China Enforcement Actions?

A frequent topic of anti-corruption discussions is despite the aims for increased cooperation between US and foreign regulators in the wake of the Siemens case, whether increased visibility of US enforcement actions has in fact led to enforcement actions by regulators outside the United States? In the case of China, discerning an answer has been difficult. The resolution of … Continue Reading
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