China Enforcement

News & Analysis as of

China Demonstrates Increasing Commitment to Addressing Climate Change and Air Pollution Challenges

In the past few weeks, China has taken major steps to revamp its air pollution and climate change policies, domestically and internationally. On September 25, 2015, China entered into a Joint Statement with the United States...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

Trade & Manufacturing - September 2015

United States Prevails In Enforcement Dispute With China Over Grain Oriented Electrical Steel - On July 31, the World Trade Organization (WTO) issued a ruling in favor of the United States in a dispute over China's...more

Cyber Security - Risk Management and Mitigation

In This Issue: - Agenda - Current Threat Environment - Current Threat Environment - Strategic Importance - Asian Data Privacy Regimes At-A-Glance - Data Protection: Regional temp - Asia-Pacific...more

China Ripe For Enforcing AML Based On Concerted Action

So far in China there have not been any published decisions regarding price-fixing or other anti-competitive agreements based on concerted action by competitors. There is also no Chinese legal precedent for including...more

China Issues Revised Hazardous Chemicals Inventory; Enforcement Likely to Increase

On February 27, 2015, ten departments under China’s central government jointly issued a revised list of hazardous substances, the Inventory of Hazardous Chemicals (“Inventory"), which will become effective May 1, 2015. ...more

"Robust Action Dominates Global Government Enforcement Landscape"

In the global criminal and regulatory enforcement arena, robust enforcement actions against multinational companies are likely to continue worldwide in 2015. In North and South America, Europe and Asia, with criminal...more

China Regulatory Enforcement Quarterly - Noteworthy developments and insights from the fourth quarter of 2014

In This Issue: - Executive Summary - PRC Legal and Regulatory Updates - Major Enforcement News - The Pharmaceutical Blacklist: A Look Back - After One Year - PRC Anti-Corruption 101 - Frequently Asked...more

2014 Proskauer Hedge Funds and Other Private Funds Annual Review

This year we saw a flurry of regulatory activity targeting investment advisers and hedge funds, private equity funds and other private funds (collectively, private funds). The following annual review is a summary of some of...more

China Amps Up Anti-Corruption Effort – What This Means for Your Company

Last Friday, China’s 15-month-long bribery investigation into British multinational pharmaceutical GlaksoSmithKline (GSK) ended after a one-day trial in which the court found GSK’s local subsidiary guilty of bribing doctors...more

A Fine Season for Antitrust Enforcement in China

The World Cup has ended and visiting fans have returned home from Brazil’s hot and humid climate. Now, some companies are feeling a different kind of heat, as Chinese antitrust regulators step up their enforcement activities....more

State Council Released Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market

The Opinions put forward nine articles of guidelines: general requirements; broadening market access; strengthening market supervision; establishing credit basis for market supervision; improving supervision and enforcement;...more

"Navigating Chinese Merger Control: MOFCOM Prohibits P3 Shipping Alliance"

On June 17, 2014, the Anti-Monopoly Bureau of China’s Ministry of Commerce (MOFCOM) issued just the second prohibition decision in its enforcement history, striking down the proposed P3 Network shipping alliance that would...more

Relaxation of PRC cross-border security and guarantee restrictions by SAFE’s New Rules

The Regulation on Foreign Exchange Administration of Cross-border Security together with its operational guidelines (collectively the New Rules) released by the State Administration of Foreign Exchange (SAFE) came into effect...more

Red Notice Newsleter

Welcome to the May 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month, on the anticorruption front, Avon Products, Inc. (“Avon”) agrees to pay USD $135 million to settle a...more

Recent Charges Against China-Based Companies Demonstrate SEC’s Efforts to Bring More Financial Fraud Cases

SEC Chair Mary Jo White and Enforcement Director Andrew Ceresney have repeatedly said that financial fraud would be a priority of the SEC’s enforcement program. Two recent cases involving companies with China-based operations...more

Recent Study Finds Positive Momentum in Global Anti-Bribery Efforts

Since 2003, U.S. enforcement has dominated international anti-bribery efforts, with nearly twice as many formal foreign bribery actions as all other countries combined. However, according to data recently released in TRACE...more

2014—A big year for Circular 698?

This year will mark a half-decade since the release of Circular 698. The confluence of local enforcement and increased exits by off-shore investors may make 2014 its most interesting year....more

The SEC: The Future Path of Enforcement (Part II)

PRC based issuers, and the reliability of the financial information for these companies, continued to be a key issue for the Commission as well as the PCAOB in 2013. An action brought by the Commission against Subaye, Inc....more

US China Trade War–Developments Trade, Customs, Patents, US/China Antitrust And Securities

There have been some major developments in the trade, Customs fraud, patents, US/Chinese antitrust, and securities areas. I have just returned from a trip of more than 2 weeks in China. While in China, we discussed US...more

Does Motive Matter In Anti-Bribery And Anti-Corruption Enforcement?

Do the intentions behind enforcement of domestic or international anti-corruption laws matter? Or is ‘the law the law’ and it really does not matter what a government’s motives are in enforcing laws that it has on the books....more

The Financial Report - Volume 2, No. 19. October 2013 (Global)

Discussion and Analysis - Most of us have seen those top-rated TV commercials for a wireless provider featuring a conservatively dressed man sitting at a little table with several children and asking them, “Is it...more

The Global Anti-Corruption Perspective - October 2013

CHINA’S NEW WAVE OF REGULATORY ENFORCEMENT: WHAT MULTINATIONALS NEED TO KNOW - Since Xi Jiping became China’s leader this year, the PRC has seen the launch of an unprecedented, sweeping government campaign to tackle...more

China's new wave of regulatory enforcement: what multinationals need to know

Since Xi Jiping became China’s leader this year, the PRC has seen the launch of an unprecedented, sweeping government campaign to tackle corruption. The wave of enforcement action against corrupt officials that...more

FCPA Charges Relating To Gift-Giving In China

Ed. Note-today’s post is a chart prepared by Amy Sommers and Matt Morley, partners at K&L Gates. I found it to be a great resource to show FCPA enforcement actions involving gift-giving in China. ...more

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