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Anti-Corruption Compliance in China

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Anti-Corruption Compliance in China Presenting a live 90-minute webinar with interactive Q&A Anti-Corruption Compliance in China: Minimizing FCPA and Chinese Anti-Bribery Law Violations Compliance Strategies Given China's Unique Cultural and Governmental Intricacies WEDNESDAY, JANUARY 25, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Nathan G. Bush, Partner, DLA Piper, Singapore Michael S. Diamant, Partner, Gibson Dunn & Crutcher, Washington, D.C. Cindy Hong, Partner, K&L Gates, Shanghai, China Michael Li-Ming Wong, Partner, Gibson Dunn & Crutcher, San Francisco The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-570-7602 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail [email protected] immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again. Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you email that you will receive immediately following the program. For additional information about continuing education, call us at 1-800-926-7926 ext. 35. Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: • Click on the ^ symbol next to “Conference Materials” in the middle of the left- hand column on your screen. • Click on the tab labeled “Handouts” that appears, and there you will see a PDF of the slides for today's program. • Double click on the PDF and a separate page will open. • Print the slides by clicking on the printer icon. ANTICORRUPTION RISK FACTORS IN CHINA Nate Bush, Partner, Singapore [email protected] January 2017 www.dlapiper.com 1203542327 January 2017 5 China's Anti-Bribery Regime Rules Enforcement Authority CRIMINAL OFFENSES (PRC Criminal Code) Public Security Bureau ("PSB") Offering & Acceptance of Bribery Involving State People’s Procuratorate Functionaries (State Personnel) (Art. 385, 389) Serious Offering & Acceptance of Bribery not involving Criminal Tribunals of People’s Courts State Functionaries (Arts. 163, 164) Offering & Acceptance of Bribery of Entities (Arts. 387, 391, 393) Facilitating Bribery (Art. 392) Offering & Acceptance of Indirect Bribery by Close Relatives and Associates of State Functionaries (Art. 388, 390-1) Bribery of Foreign Officials (Art. 164) ADMINISTRATIVE VIOLATIONS State Administration for Industry and Anti-Unfair Competition Law (Art. 8) Commerce (SAIC) Provisional Regulations regarding Prohibition of Acts of Commercial Bribery COMMUNIST PARTY OF CHINA DISCIPLINARY RULES Central Commission for Discipline Inspection (CCDI) INTERNAL AGENCY & WORK UNIT RULES Ministry of Supervision Internal supervision & audit www.dlapiper.com 1203542327 January 2017 6 Chinese Legal Text in Context Party over State: Leadership of Chinese Communist Party (CCP) Enshrined in Constitution Chinese legal system blends Marxist, Civil-Law, and Traditional Chinese legal principles and practices – Discretion & flexibility vs. predictability & transparency – Rule by Law vs. Rule of Law – Opaque policymaking, political, & enforcement processes – Weak judicial oversight of bureaucracy "Polycentric" political system – Factionalism, Decentralization, & Local Protectionism – Formal vs. informal channels of influence Cycles of Leadership Change & State Reorganizations Indirect public feedback matters, but democratic checks absent Politics Significantly Drives Policy and Law Enforcement www.dlapiper.com 1203542327 January 2017 7 Xi Jinping's Agenda in Slogans "Chinese Dream" "Four Comprehensives" "Great Rejuvenation of •Comprehensively build a moderately Chinese Nation" prosperous society "Moderately Prosperous •Comprehensively deepen reform Society" by 2020 •Comprehensively govern the nation Give Market "Decisive" Role according to law "Peaceful Rise" •Comprehensively strictly govern the "One Belt, One Road" Party. www.dlapiper.com 1203542327 January 2017 8 Anticorruption Campaign Continues Tigers & Flies: Senior Official & Junior Cadres Mixed Motives – Genuine Discipline & Reform: "Don't Be Corrupt" The Economist – CCP Legitimacy & Credibility: "Don't Look Corrupt" – Consolidation of Xi Jinping's Power: "Who's the Boss?" "Fire Chief" Wang Qishan & CCDI's Ascendance New State Supervision Commission planned for 2017 – Consolidating state discipline and supervision offices with CCDI ongoing enforcement as "new normal" China Daily Procurement Blacklists Gauging the Impact After initial surge, fewer new cases South China Mornign Post www.dlapiper.com 1203542327 January 2017 9 Eight-point Regulation of the Centre 1. Leaders must maintain close contact with the members; on most occasions, there is no grassroots. They must understand the real need to mobilize a reception by Chinese situation facing society through in-depth expatriates, institutions and students at the visits at the grassroots level. Greater airport. attention should be focused on places where 5. There should be fewer traffic controls when social problems are more acute, and leaders travel by car to avoid unnecessary inspection tours must be carried out more inconvenience to the public thoroughly. Inspection tours which are a 6. The media should seek to reduce the mere formality should be strictly prohibited. number of news reports related to members Leaders should work and listen to the public of the Politburo, their work and their and lower level officials; the most practical activities. The media should also seek to problems facing ordinary people must be reduce the amount of time spent on these tackled. For official visits, there should be no news pieces and minimize their scope. Such welcome banner, no red carpet, no floral stories should only be reported depending on arrangement or grand receptions for officials. work needs, news value, and potential social 2. Meetings and major events should be strictly impact. regulated, and their efficiency improved. 7. Leaders should not publish any works by Politburo members are not allowed to attend themselves or issue any congratulatory ribbon-cutting or cornerstone-laying letters in their own name unless an ceremonies, or celebrations and seminars, arrangement has been made with the central unless they get approval from the Central authorities. Official documents without much Committee. Official meetings should be meaningful content and without much actual shortened, be specific and to-the-point, and importance should be withheld. Publications be free of empty-talk and blather. dedicated to senior officials' work and 3. The issuing of official documents should be activities are also restricted. reduced. 8. Leaders must practice thrift and strictly follow 4. Officials' visits to foreign countries should relevant regulations on accommodation and only be arranged when absolutely cars. necessary, with fewer accompanying www.dlapiper.com 1203542327 January 2017 10 Enforcement Trends – China: Campaign Against "Big Tigers" Zhou Yongkang, former Guo Boxiong, former Vice Xu Caihou , former general of the People's Politburo Standing Committee Chairman of the Central Military Liberation Army (PLA) of China and Vice- member, was sentenced to life Commission, was sentenced to Chairman of the Central Military Commission imprisonment for bribery, life imprisonment for bribery, (CMC). Xu was under investigation for among others, in June 2015. among others, in July 2016. accepting bribes. The charges were dropped after he died of bladder cancer in March 2015. Ling Jihua, former Minister of Su Rong, former Vice Chairman Bo Xilai, former member of the Central the Central United Front Work of the Chinese People's Political Politburo and former secretary of the Deptment of CCP, was Consultative Conference, was Communist Party's Chongqing branch. sentenced to life imprisonment expelled from CCP in May 2015. In September 2013, Bo was found guilty for bribery, among others, in Procuratorate prosecuted against of corruption, stripped of all his assets, July 2016. him for bribery in July 2016. and sentenced to life imprisonment. www.dlapiper.com 1203542327 January 2017 11 Enforcement Trends – China: Campaign Against "Big Tigers" Gu Junshan, former Deputy Director of Jiang Jiemin, a former Chinese oil the PLA General Logistics Department executive and senior Communist Party and Wan Qingliang, former Mayor (GLD). In August 2015, he was economic official. In October 2015, he was of Guangzhou. In October 2014, sentenced to death penalty with a two- expelled from the Communist Party, and he was sentenced to lifetime in year reprieve for bribery, embezzlement, was sentenced to 16 years in prison for prison
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