The Whistleblowing Rules encourages whistleblowing on a real name-basis. In practice, the People’s Procuratorates must respond to real-name whistleblowing. No matter if a whistleblowing is made anonymously or not, the People’s Procuratorates shall maintain the confidentiality of the whistleblowings and protect the interests and rights of whistleblowers.
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The National Supervision Commission of China has the power of personnel interview, interrogation, inquiry, investigation, assets freezing, evidence review, sealing and impounding, searching, survey & examination, forensic recovery and examination as well as liuzhi. The close translation of liuzhi or liu zhi (留置) could be compulsory detention, which however is not as exactly as the temporary deprivation of the freedom for administrative punishment or criminal procedure. It is similar to notorious shuanggui or shuang gui (双规)
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For example, in May of 2015, the State Food and Drug
Administration of China (“SFDA”) requested pharmaceutical enterprises to do a voluntary
self-inspection of their clinical data regarding the drugs to be
authorized. Those who do not would face a
more severe punishment. One month later,
20% of 1622 applications were withdrawn.
It seems an open secret that every link of clinical trial is problematic
and it is not surprising at all that clinical trial data could be falsified in
a serious way.
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Network service providers and operators, under the new law, have
confidentiality of user information as their top priority and they are required
to install protection systems for defending user information. Network operators
is a wide umbrella term that includes companies that own networks, manage
networks and provide network services. In addition, they are also required to
provide “technical support and assistance” to government authorities when
required. However, some has cast suspicion on this piece of legislation due to
its ambiguity and harshness.
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In the era of terrorism, cyber attacks, still existing corruption and other compliance risks, organization need more than ever effective compliance management systems. They, however, face difficulties resulting from social cultural and local differences when implementing compliance standards across the globe. Our Congress serves as an exchange platform for delegates from business, academia, governments, international organizations, associations and more. Let's sail this time in Hamburg together toward new approaches of cross border compliance & Integrity.
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Third party risk management is not a simple process of issuing a questionnaire at the time of on-boarding. Its an ongoing process that requires continual monitoring to ensure policies are being implemented as expected, training is taking place and that adverse actions, reports and incidents are immediately brought to the attention of the responsible in-house team.
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For some questions, there are no clear answers, for example, how to deal with the dilemma that a compliance bird eats nothing. It seems to be a phenomenon that multinational companies would give up some business opportunities to make sure there is no violation or non-compliance of anti-bribery law, but there is a lot to do to make their businesses less under-competitive or more promising.
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Regarding the question if your company still
sells drugs by giving kickbacks, there is surprisingly a large percentage of
participants maintaining that their companies are still giving kickbacks. Only a small percentage of participants said
that their companies rather not dare to give kickbacks, while they maintained
that there is no better way to market their products in keeping with the
anti-bribery compliances. There were participants
stating that their companies do the marketing by introducing to their target
audience the product characteristics, organizing academic activities and
enhancing the after-sale services.
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