China’s New Bribery Provision

In case you missed it, the Criminal Law of the People’s Republic of China was recently amended in Article 164 and new provisions concerning bribery of foreign officials are now in effect since May 1, 2011.  These amendments criminalize bribery of foreign public officals or international organizations in order to seek “unjust commercial benefits.”  For the first time, the reach of PRC law has been extended to conduct by Chinese companies operating in other countries.  It is not yet clear what the scope of this jurisdiction will be and whether it will apply to foreign companies that have operations in China, but that is possible along the same lines as the UK Bribery Act.

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