Anti-corruption regulation—China—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—China—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

Anti-corruption regulation—China—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in China published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2021).

Authors: Herbert Smith Freehills LLP—Jeremy Birch; Kyle Wombolt; Tracey Cui

1. To which international anti-corruption conventions is your country a signatory?

China is a party to and has implemented the United Nations Convention against Corruption 2003, and the United Nations Convention against Transnational Organised Crime 2000.

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

China's primary anti-bribery laws are the Criminal Law and the Anti-unfair Competition Law.

The Criminal Law prohibits active and passive bribery in the public and private sectors. The Supreme People's Court and the Supreme People's Procuratorate have issued interpretive rules regarding these criminal offences and rules also exist that set minimum financial thresholds for the investigation and prosecution of such offences.

The Anti-unfair Competition Law aims to maintain fair market competition in China and covers civil bribery offences. The Law prohibits business operators from bribing to seek transaction opportunities or a competitive edge.

Criminal Law offences

In general, providing, soliciting or accepting a bribe for the purpose of or in return for securing illegitimate benefits constitutes an offence. Conspiring to commit offences under the Criminal Law is also an

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