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Bribery Crackdown In China

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January 7, 2022

A new anti-bribery Guideline has been issued by China’s Central Commission for Discipline Inspection. The banner rule: Companies and individuals that are discovered to have paid bribes will be prevented from doing business in China. Specifics regarding the duration of blacklisting, and how serious the wrongdoing must be before it applies, will be contained in detailed provisions to be released soon. The Guideline raises the possibility of “carbon copy prosecutions” if a company settles with an overseas authority about bribery in China. Many companies have settled such matters in the U.S. since the Foreign Corrupt Practices Act was made law. According to the guidance, there will be fewer findings of  “mitigating circumstances” in the future, and all property gained and advantages derived from bribery will be confiscated or nullified.

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