WANG Zhipei (王之霈) ^[1]

I. INTRODUCTION

II. CHINA’S CORPORATE COMPLIANCE LAW

A. Laws Regarding SOEs’ Corporate Compliance

B. Relevant Regulations for Party Supervision of SOEs

C. Summary

III. WEAKNESS IN CHINA’S SOEs’ CORPORATE COMPLIANCE

A. Unique Challenges for SOEs Anti-corruption Efforts

1. Case Analysis

2. Deficiencies Reflected in SOEs’ Compliance Program

B. Cases Investigated by CCDI

IV. HOW CHINESE SOEs CAN IMPROVE THEIR CORPORATE GOVERNANCE

A. Analyze Business Risk According to Industry Characteristics and Implement Business Process Standardization

B. Clear Delineation of Functions and Establish a Sound Accountability Mechanism for Every Individual

C. Establish a Compliance Incentive Mechanism Through Legislation

V. CONCLUSION

I. INTRODUCTION

Since the 18th National Congress of the Communist Party of China, the corporate behavior… Read the rest

What Blocks the Enforcement of Chinese Foreign Anti-Bribery Law?

Alvis Xiong

Introduction

In 1977, U.S. Congress enacted the Foreign Corrupt Practices Act of 1977 (FCPA), the first law specifically targeting at extraterritorial briberies to foreign public officials. Likewise, in 2011, China enacted a foreign anti-bribery provision, Criminal Law Article 164(2), which forbids “giving foreign public officials or international organization’s officials assets and properties in order to make improper business benefits.” However, although China did not totally ignore the provision, it is not substantially enforced.

The Chinese government did not totally ignore this enactment. For example, the Chinese Supreme Procuratorate once demonstrated interest to set rules about foreign anti-bribery.[1] Some huge SOEs (State Owned Enterprises) also set compliance programs for … Read the rest