Yesterday’s post addressed abuse of travel agencies. Today’s post addresses “training” trips, factory “inspections,” “study trips,” and other euphemisms for disguised leisure travel.
Companies in China often pay for training trips for their customers. … Continue Reading
In any country, paying for travel for government officials, customers at state-owned enterprises, or customers at purely private enterprises can present corruption risks. Many worthy publications have addressed travel risks generally and how to minimize those risks, including establishing a true business purpose for the trip, ensuring transparency with the recipient’s organization, pre-approving a detailed itinerary to ensure that sightseeing/leisure does not predominate, paying expenses directly to vendors where possible, avoiding unnecessary stopovers or family members or friends accompanying, etc.… Continue Reading
China’s top judicial authorities released a new interpretation last week on how certain bribery crimes are to be enforced.
On December 26, 2012, China’s highest court, the Supreme People’s Court, and its top prosecutorial body, the Supreme People’s Procuratorate, issued the “Interpretation of Several Issues Concerning the Specific Application of the Law in the Handling of Criminal Bribery Cases” (“the Interpretation”).… Continue Reading
China’s new slate of leaders have been announced — the seven members of the Standing Committee of the Politburo, the highest-ranking body in the Communist Party (and therefore the country).… Continue Reading
As many compliance professionals who deal with China know, mooncakes are common gifts at the Mid-Autumn Festival (also known as the “Moon Festival”), which falls on the fifteenth day of the eighth lunar month (September or early October).… Continue Reading
Many multinationals operating in China focus on compliance with the FCPA — and rightly so, given the intersection of expanding business opportunities, corruption risks, and the broad range of “foreign officials” present in China.… Continue Reading
As reported previously, in February 2011, China enacted an amendment to its Criminal Law that criminalized paying bribes to non-Chinese government officials and officials of international organizations (“the Amendment”).
The Amendment, which took effect in May 2011, reads:
… Continue Reading
Whoever, for the purpose of seeking illegitimate commercial benefit, gives property to any foreign public official or official of an international public organization, shall be punished in accordance with the provisions of the preceding paragraph [i.e.,
On February 16, 2012, China’s Supreme People’s Procuratorate (“SPP”), the main investigatory and prosecutorial arm of the Chinese government, in conjunction with other PRC anti-corruption agencies, announced that a database listing individuals and companies found guilty of certain bribery offenses now has nationwide scope.… Continue Reading
China’s Supreme People’s Court (“SPC”) recently issued a judicial interpretation of the “Regulation on Open Government Information” (“OGI Regulation”), the regulation adopted by the Chinese government in April 2007 in an effort to make government information more accessible to the general public in China. … Continue Reading