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.
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.
A common problem I encounter in my practice is the shortage of Chinese-language materials on anti-corruption topics. China-based employees often want to know more about the FCPA and anti-corruption enforcement, but nearly all of the most valuable resources are available only in English.
Part I of this series (here) addressed abuses of travel agencies, and Part II (here) detailed common euphemisms and fact patterns in China to disguise leisure travel benefits. Today’s post focuses on contractual travel and travel required under PRC law.
China’s top judicial authorities released a new interpretation last week on how certain bribery crimes are to be enforced.
Chinese Vice Premier Wang Qishan, Secretary of the Central Commission for Discipline Inspection, holds the autographed basketball given to him by President Barack Obama in 2009 (Photo by Pete Souza-The White House)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). The announcement came Thursday at the end of the 18th National Congress of the Communist Party.
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).
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.