2013 Guidance on PRC Anti-Bribery Law Focuses on Bribe Givers
By THE GLOBAL COMPLIANCE AND DISPUTES PRACTICE
Anti-corruption enforcement efforts in China historically have tended to focus on the recipients of bribery, as evidenced by harsher statutory penalties for bribe takers and the highly publicized prosecution of government officials accused of accepting illicit payments. However, recently issued guidance on PRC anti-bribery law places the focus squarely on bribe givers by expanding upon existing sentencing thresholds and creating new incentives for voluntary disclosure. Whether or not to bring potential violations of anti-bribery law to the attention of regulators is a complex decision in any jurisdiction. For foreign companies operating in China, the new guidance will serve as an important factor in that calculus.