Eric Carlson | Contributing Editor
Eric R. Carlson is a contributing editor of the FCPA Blog.
He’s a Shanghai-based partner at Covington & Burling LLP.
Eric advises clients operating in China and other jurisdictions in Asia on a range of anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA). He has deep experience leading highly sensitive anti-corruption/FCPA investigations in China and other jurisdictions in Asia, including investigations presenting complex legal, political, and reputational risks.
He also counsels clients on the corruption risks of proposed transactions, conducts anti-corruption due diligence as part of mergers, acquisitions, and joint ventures, assists companies in updating and strengthening their internal anti-corruption compliance programs and tailoring them to the unique features of Asian markets, and developing and presenting tailored compliance training in Chinese and English. He has advised scores of companies and organizations representing nearly every major industry.
He speaks Mandarin and Cantonese and has led hundreds of witness interviews in Chinese in 20 provinces in China, and conducted dozens of trainings in Chinese.
He advises clients on privacy and data security issues, particularly as they relate to China and other jurisdictions in Asia. He also counsels clients on U.S. export controls and economic sanctions applied by the U.S. Departments of Commerce, State, and Treasury, and related Chinese trade control regulations, including conducting internal investigations into potential violations of these laws.
More information about him can be found here.
Numerous stories have appeared in the English-language press about China’s social credit system (SCS). Most of these stories focus on SCS’s system of “scoring” individuals in China. But SCS also applies to companies operating in China and, as it develops, may impact how companies approach anti-corruption compliance.
China recently enacted a law that could prevent China-based individuals and entities, including the China-based subsidiaries of non-Chinese companies, from providing certain assistance in criminal proceedings outside of China.
China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.
Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”
The prior post provided an overview of chops in China. This post focuses more specifically on how chops can be misused and how that risk can be mitigated.
Anyone who has viewed a contract or official document in China may have noticed a bright red circle in the signature block. This is often called a “chop” — alternatively translated as “seal” or “stamp.” This post describes what these chops are and how they can be used and misused by employees.
China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.
Anyone who has spent much time in China or dealt with investigations in China has probably heard of WeChat, a social media application. WeChat has over 900 million daily users, making it far and away the most ubiquitous social media platform in China.
Almost exactly five years ago, I wrote a post for the FCPA Blog analyzing the impact that China’s leadership transition to Xi Jinping would have on anti-corruption enforcement in China. This post assesses those predictions and makes new ones for the coming five years, in light of the recently concluded Party Congress.
Life Science Alert: China judicial interpretation criminalizes submission of false clinical trial information
A recent judicial interpretation issued by China’s top judicial and prosecutorial bodies now criminalizes submitting falsified nonclinical study or clinical study reports and related materials. This could affect life sciences companies and contract research organizations operating in China.