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▪ Alibaba fined USD 2.68 billion for abusing dominant market position in China
▪ China’s new “Blocking Statute” and the concerns it raised
▪ Survey result: how is bribery risk managed in China?
▪ China’s Administrative Punishment Law awards meaningful credits for compliance eff
▪ Salon | How Would the Sanction on Pompeo and Blocking Measures Impact Foreign Comp
▪ Fees to speakers: academic exchange or commercial bribery
▪ China’s Personal Information Protection Law (2)
▪ China’s Personal Information Protection Law (1)
▪ Reading Into China’s Export Control Law
▪ English Translation of Export Control Law of China
▪ China Issued Its List of Unreliable Entities
▪ Demystify Corporate Social Credit System in China
▪ China is deploying “Operation Skynet” to further “Fox Hunt”
▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 130 Chinese headhunters arrested, involving breach of 200 million personal info
▪ 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
▪ Classified Protection Under China's 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
 
On December 27, 2017, the Political Bureau of the 19th Central Committee of the Communist Party of China (“CPC”) convened and decided to hold the Second Plenary Session of the 19th Central Committee in January of 2018.  One of most important items on the agenda of the plenary session will be to amend the Constitution of China, which is nominally the supreme law of China.

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In-bound bribery is more difficult to detect, so are other internal frauds such as embezzlements, conflict-of-interest transactions, which go hand to hand without exception.  The internal frauds could remain “unseen” for a very long time until the time of the “broken arrow”.  When that moment comes up, your breath could be taken away, which we can learn from the case study on FAW Group (i.e., the First Auto Work) – one of the earliest and biggest auto manufacturers in China.

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It is doubtful that a bribe giver should or could be punished equally with a bribe taker.  It seems fair and practical to have those who exchange power with money take more liabilities and harsher punishment.  One of the reasons is that a bribe taker has power and the final say in dictating if and how the bribery would happen.

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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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