1. [para. 1][para. 2] China’s legislature passed a dedicated cross-border anti-corruption law on Nov. 6, approved by the Standing Committee of the 14th National People’s Congress at its 25th session, and the legislation took effect upon promulgation. [para. 3] The 47-article, six-chapter law consolidates previously scattered rules on punishment, prevention and countermeasures; it covers Chinese businesses bribing foreign officials, overseas parties bribing Chinese public officials, and corruption suspects fleeing abroad or transferring illicit assets across borders. [para. 4] It prohibits foreign institutions, organizations and individuals from conducting anti-corruption investigations or other enforcement activities in China without approval, directly or through intermediaries, and bars domestic parties from providing overseas parties with evidence, data or related assistance without approval. [para. 5] The National Commission of Supervision will lead a national coordination mechanism requiring government departments and other authorities to strengthen cooperation and information sharing.
2. [para. 7] For the first time, the law explicitly establishes anti-corruption compliance obligations for companies conducting cross-border business, turning policy requirements into statutory duties. [para. 8] Such companies must establish compliance management systems, improve operations, promptly investigate and address violations, strengthen controls against corruption risks, and meet requirements for financial and accounting systems, oversight of third parties and anti-corruption education. [para. 9] They must comply with Chinese laws, regulations and regulatory requirements, applicable international treaties and agreements, business and professional ethics, and industry standards and codes. [para. 10] Officials from the Central Commission for Discipline Inspection and the National Commission of Supervision said the legislation embeds preventive compliance in law, encouraging corporate systems grounded in Chinese conditions and aligned with international practice. [para. 11] Official figures show China has more than 50,000 enterprises overseas, is a major trading partner of over 160 countries and regions, and has ranked first globally in goods trade for nine consecutive years. [para. 12] China has also signed Belt and Road cooperation documents with more than 150 countries and over 30 international organizations.
3. [para. 14] Article 2 defines five categories of cross-border corruption, extending beyond bribery to other abuses of public duties, overseas flight and asset transfers. [para. 15] The first covers Chinese citizens and China-based enterprises and organizations, including branches and subsidiaries, bribing foreign or international public officials, and similar bribery committed inside China by overseas individuals and entities. [para. 16] The second covers overseas parties bribing Chinese public officials and specified associates, state organs, state-owned enterprises, public institutions and people’s organizations, including associated acceptance of bribes. [para. 17] The third covers other duty-related violations or crimes committed overseas by Chinese citizens and entities, such as embezzlement, bribery, abuse of power, dereliction, rent-seeking, improper benefit transfers, favoritism, fraud, and waste of state funds and assets. [para. 18] The fourth covers corruption of the same nature when some or all conduct occurs overseas and some or all consequences occur in China. [para. 19] The fifth covers suspects fleeing or hiding overseas and cross-border transfers of corruption-related assets.
4. [para. 21] The coordination mechanism brings together authorities responsible for foreign affairs, public security, judicial administration, finance, commerce, anti-money laundering, auditing, state-owned assets, financial and securities regulation, and cyberspace affairs, alongside other agencies. [para. 22] Supervisory authorities must strengthen oversight and corrective action against public officials who obtain foreign citizenship, overseas permanent residency or long-term residence permits in violation of the rules. [para. 23] They must improve reporting requirements for officials’ overseas deposits and investments and establish early-warning, blocking and accountability mechanisms to prevent suspects from fleeing and transferring illicit assets. [para. 24] The anti-money laundering authority may investigate suspicious transactions linked to suspected cross-border corruption and transfer leads to supervisory or public security authorities; customs must refer information on cross-border cash or bearer payment instruments when suspected crimes are involved. [para. 25] Regulatory authorities transfer corruption leads discovered in their work, companies must report suspected corruption, and a whistleblower protection and reward system is intended to broaden information sources. [para. 26] Agencies may use big data, artificial intelligence and other technologies to integrate oversight information, while protecting state secrets, work-related information, trade secrets, personal privacy and personal information.
5. [para. 28] The law requires relevant companies, organizations and individuals to cooperate with investigating authorities and includes measures to prevent implicated people from fleeing, pursue fugitives abroad and recover assets overseas. [para. 29] It specifies the legal basis, methods and types of international law enforcement and judicial cooperation, including assistance China may request under the International Criminal Judicial Assistance Law and multilateral arrangements, and regulates assistance to foreign parties and when judicial assistance must be refused. [para. 30] Provisions set review standards and clarify the legal effect of evidence obtained overseas; authorities may take blocking or other measures against activities violating Chinese law and pursue legal liability.
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