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▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 130 Chinese headhunters arrested, involving breach of 200 million pieces of person
▪ Corporate Compliance Programs Evaluation Issued by US DOJ (Chinese Translation)
▪ The prospect is promising to commercialize Level-3 autonomous driving in China
▪ Intelligent and digital infrastructures are scheduled to accompany automatic vehic
▪ Will China illegalize VIEs?
▪ You cannot miss the gold rush under China's new Foreign Investment Law
▪ Data must stay in China to get classified protection under Cyber Security Law
▪ China is to fast-track law-making in autonomous driving
▪ What compliance obligations to meet to transfer data from within China?
▪ Chinese government uses digital forensics technology to dig bribery evidence
▪ A Chinese medical device distributor fined CNY 50,000 for bribing with Moutai
▪ How would Chinese E-commerce Law affect you (1)?
▪ Conflict between the culture and the Party’s rules: $70 gift money got a director
▪ "Excessive Pricing" from perspective of Competition Law
▪ Does China prohibit cross-border transfer of scientific data?
▪ Hypermarket Caesar jailed for ten years for giving “reward for go-between”
▪ How is environmental protection tax collected in China?
▪ China Redefined Bribery Anticompetitive in Nature
▪ China is to amend its Constitution
▪ Chinese government vowed to crack down on bribe givers more harshly
▪ China has its own Dodd-Frank; the award for whistleblower could be US$ 80K
▪ Chinese government may LIUZHI a suspect of wrongdoing
▪ Cooking clinical trial data is rampant and now criminally punishable in China
▪ 5th Viadrina Compliance Congress
▪ Does a compliance bird eat nothing?
▪ How Are Drugs Being Sold in China Despite the Anti-Corruption Crusading
▪ Chinese whistle-blower lauded while French boss fled out of China
▪ Life Sentence for Deputy Chief Justice of China
▪ Why Is Chinese Anti-bribery Law a Very Important Compliance Obligation?
▪ The Report on Corporate Compliance Management in China (2016)
▪ Use of "predictive coding" in eDiscovery document review…best friend or job replac
▪ Civil Fraud v. Criminal Fraud: Criminal Proceedings Not a Silver Bullet to Resolve
▪ Corrupt Chinese drug administrators jailed or executed, whose family members ended
▪ Tone from the middle cannot be ignored
▪ Is bribing a Chinese doctor bribing an FCPA governmental official?
▪ Criminal and Administrative Liability under China's Competition Laws
▪ Model Standards for Trade Association Compliance with China's AML
▪ Double Exposure to Legal Risk Under China's Competition Laws: Comments Upon the Ex
▪ New Privacy Standards for New Data
▪ Chinese Police Are Foxhunting Corrupt Officials
▪ Transfer of Personal Data Overseas from Singapore: Recent Enhanced Provisions
▪ New Guidance on Antitrust Notifications in China
▪ China Issued the Standards on the Quality Management of Using Medical Devices (Dra
▪ China Imposes Harsher Liabilities for Environmental Non-Compliance
▪ GSK Faces Two Corruption Fights in East and West
▪ European Court of Justice Abrogates Data Retention and Allows Data Detention
▪ China Is to Adopt Risk-based Supervisory Rules on Medical Devices
▪ China to Set Food & Drug Police
▪ Don't Put All Medical Eggs into One Blacklisted Basket
 

For the question, "what are your compliance duties on anti-bribery”, 394 selected Chinese anti-bribery law amounting to 48%, a 11% increase from the 37% from the 2015 survey. Comparatively, 216 selected the FCPA amounting to 26%; in terms of the UK Bribery Act, 139 people made selections amounting to 17%.  Despite the dwarfed rankings, we believe the FCPA is still the most influential law for those on whom the FCPA is applicable, so is UK Bribery Act. That said, Chinese anti-bribery law is a very important compliance obligation for companies doing business in China.  



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Although it is generally known that the FCPA prohibits those that are subject to it from making bribes to foreign governmental officials, many are not aware that “the FCPA prohibits payments to foreign officials, but not to foreign governments.” The annihilation of the transparency rule merely takes away the need for companies to fully disclose payments to foreign governments, the payment to which not outlawed under the FCPA.  It does not grant companies the ability to bribe foreign government officials, as the FCPA continues to prohibit payments to foreign government officials.



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ComplianceinChina.com conducted surveys on Chinese corporate compliance management for three consecutive years. Under the auspices of ComplianceinChina.com, one of the largest and earliest compliance platforms in China, The Compliance Reviews (www.compliance.reviews or www.compliancereviews.cn) is an English electronic journal aiming to enhance compliance and risk management in Asia and beyond.




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Predictive Coding (AKA: algorithm assisted "text categorization") refers to the use of a software program to identify documents that are relevant or responsive to a particular case or issue, based on a review of test documents (or a population of "seed sets", "validation sets" and "training sets") by lawyers and subject matter experts. The computer assisted methodology involves a machine learning process and a combination of different algorithmic tools.




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International investors and businessmen often discover that fraud is not uncommon among their counterparts in China. There exists the perception among some foreign firms that the alleged fraud must be reported to the police in order to successfully resolve contractual fraud disputes. However, this is not always the ideal method and in fact may be detrimental to successful dispute resolution......




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In two corruption cases a decade apart, two governmental officials from the China Food and Drug Administration were heavily punished for taking bribes and endangering the lives of many Chinese Citizens.  Not only were they punished, so were their family members. Chinese Criminal Law provides that bribes taken by the family members of an official would be attributed to the amount of bribes taken by the official himself.



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This issue neatly summarises a significant problem faced by many organisations. Despite the best efforts of an organisation’s leadership, the message can become lost on its way to front line staff. That is why the focus for a robust compliance culture should not only be on the tone from the top, but also the tone from the middle.  


Specifically, it should be the role of middle management to; identify and communicate the compliance risks that arise in their areas of responsibility within the business; to encourage their staff to raise compliance concerns to the management team......



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In China bribes are often offered and accepted for the sale and procurement of medical devices and pharmaceuticals.  Doctors or managers of hospitals and clinics who accept bribes to buy, use, or recommend the Healthcare Products have been known to prescribe or even over-prescribe procedures that warrant use of such products.  As a result, products supported by bribery sell more quickly and at a higher price than products for which lower or no bribes are paid.



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