CHAMBERS GLOBAL PRACTICE GUIDESAnti-Corruption 2024Definitive global law guides offering comparative analysis from top-ranked lawyersChina: Law & Practice Alan Zhou, Jacky Li, Weiwei Gu, Steven Zhu and Jenny Chen Global Law OfficeCHINA2CHAMBERS.COMLaw and PracticeContributed by: Alan Zhou, Jacky Li, Weiwei Gu, Steven Zhu and Jenny Chen Global Law OfficeContents1. Legal Framework for Offences p.61.1 International Conventions p.61.2 National Legislation p.61.3 Guidelines for the Interpretation and Enforcement of National Legislation p.71.4 Recent Key Amendments to National Legislation p.72. Classification and Constituent Elements p.82.1 Bribery p.82.2 Influence-Peddling p.92.3 Financial Record-Keeping p.92.4 Public Officials p.102.5 Intermediaries p.113. Scope p.123.1 Limitation Period p.123.2 Geographical Reach of Applicable Legislation p.123.3 Corporate Liability p.134. Defences and Exceptions p.134.1 Defences p.134.2 Exceptions p.144.3 De Minimis Exceptions p.144.4 Exempt Sectors/Industries p.144.5 Safe Harbour or Amnesty Programme p.155. Penalties p.155.1 Penalties on Conviction p.155.2 Guidelines Applicable to the Assessment of Penalties p.166. Compliance and Disclosure p.176.1 National Legislation and Duties to Prevent Corruption p.176.2 Regulation of Lobbying Activities p.176.3 Disclosure of Violations of Anti-bribery and Anti-corruption Provisions p.176.4 Protection Afforded to Whistle-Blowers p.186.5 Incentives for Whistle-Blowers p.186.6 Location of Relevant Provisions Regarding Whistle-Blowing p.19CHINA CONTENTS3CHAMBERS.COM7. Enforcement p.197.1 Enforcement of Anti-bribery and Anti-corruption Laws p.197.2 Enforcement Body p.197.3 Process of Application for Documentation p.197.4 Discretion for Mitigation p.197.5 Jurisdictional Reach of the Body/Bodies p.207.6 Recent Landmark Investigations or Decisions Involving Bribery or Corruption p.207.7 Level of Sanctions Imposed p.218. Review p.218.1 Assessment of the Applicable Enforced Legislation p.218.2 Likely Changes to the Applicable Legislation of the Enforcement Body p.22CHINA Law aNd PraCTiCEContributed by: Alan Zhou, Jacky Li, Weiwei Gu, Steven Zhu and Jenny Chen, Global Law Office 4CHAMBERS.COMGlobal Law Office dates back to the establish-ment of the Legal Consultant Office of the China Council for the Promotion of International Trade in 1979, when it became the first Chinese law firm ever approved by the PRC government, and it has retained the privilege of clients’ trust in various areas over four decades. The firm has offices in Shanghai, Beijing, Shenzhen and Chengdu, with 160 partners and over 600 law-yers across China. The firm is experienced in meeting all aspects of public and private enter-prises’ regulatory compliance needs, including risk assessment, compliance policy, reporting, training and investigation. The firm has resolved dozens of government investigation cases re-lating to anti-corruption, antitrust, promotion and adve...
