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.
Part 1 of this series explained what a fapiao is, and Part 2 outlined the different types of fapiaos in China. Part 3 described common ways that fapiaos are misused for fraud, embezzlement, and corruption.
Part 1 of this series explained what fapiaos are and why they are used. Today, we examine the different types of receipts and fapiaos in China.
Machine printed fapiao (restaurant)Anyone who has spent time dealing with compliance issues in China has come across the fapiao (发票). This four-part series will try to explain (1) what a fapiao is, (2) the different types of fapiaos and receipts in China, (3) how fapiaos can be misused for fraud, embezzlement, and corruption, and (4) ways to counter these schemes to minimize compliance risk.
On November 3, 2014, China’s legislature released for public comment (Chinese) draft amendments to China’s Criminal Law (“the Draft Amendments”), a number of which broaden and strengthen crimes and penalties related to bribery and corruption. This post summarizes the key developments related to bribery and corruption:
Draft amendments to China’s Criminal Law currently under consideration would subject government officials who receive certain money or property to criminal penalties.
I wrote a post two years ago (here) describing some of the compliance complexities in giving mooncakes and mooncake coupons as part of China’s Mid-Autumn Festival, which falls on September 8 this year. Those compliance complexities still exist.
Last November, I wrote a post analyzing how the leadership transition in China’s Communist Party might affect anti-corruption enforcement in that country and offering a few observations and predictions. The most recent Central Committee meeting of the Party, held in mid-November in Beijing, provides an opportunity to see how those predictions have borne out.
Local criminal and administrative anti-bribery enforcement in China has been much in the news lately. I have received many questions from clients over the years regarding who these different regulators are and what power they have to investigate, prosecute, and enforce criminal and administrative bribery charges.