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▪ Salon | How Would the Sanction on Pompeo and Blocking Measures Impact Foreign Comp
▪ Fees to speakers: academic exchange or commercial bribery
▪ China’s Personal Information Protection Law (2)
▪ China’s Personal Information Protection Law (1)
▪ Reading Into China’s Export Control Law
▪ English Translation of Export Control Law of China
▪ China Issued Its List of Unreliable Entities
▪ Demystify Corporate Social Credit System in China
▪ China is deploying “Operation Skynet” to further “Fox Hunt”
▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 130 Chinese headhunters arrested, involving breach of 200 million personal info
▪ Corporate Compliance Programs Evaluation Issued by US DOJ (Chinese Translation)
▪ The prospect is promising to commercialize Level-3 autonomous driving in China
▪ Intelligent and digital infrastructures are scheduled to accompany automatic vehic
▪ Will China illegalize VIEs?
▪ You cannot miss the gold rush under China's new Foreign Investment Law
▪ Classified Protection Under China's Cyber Security Law
▪ China is to fast-track law-making in autonomous driving
▪ What compliance obligations to meet to transfer data from within China?
▪ Chinese government uses digital forensics technology to dig bribery evidence
▪ A Chinese medical device distributor fined CNY 50,000 for bribing with Moutai
▪ How would Chinese E-commerce Law affect you (1)?
▪ Conflict between the culture and the Party’s rules: $70 gift money got a director
▪ "Excessive Pricing" from perspective of Competition Law
▪ Does China prohibit cross-border transfer of scientific data?
▪ Hypermarket Caesar jailed for ten years for giving “reward for go-between”
▪ How is environmental protection tax collected in China?
▪ China Redefined Bribery Anticompetitive in Nature
▪ China is to amend its Constitution
▪ Chinese government vowed to crack down on bribe givers more harshly
▪ China has its own Dodd-Frank; the award for whistleblower could be US$ 80K
▪ Chinese government may LIUZHI a suspect of wrongdoing
▪ Cooking clinical trial data is rampant and now criminally punishable in China
▪ 5th Viadrina Compliance Congress
▪ Does a compliance bird eat nothing?
▪ How Are Drugs Being Sold in China Despite the Anti-Corruption Crusading
▪ Chinese whistle-blower lauded while French boss fled out of China
▪ Life Sentence for Deputy Chief Justice of China
▪ Why Is Chinese Anti-bribery Law a Very Important Compliance Obligation?
▪ The Report on Corporate Compliance Management in China (2016)
▪ Use of "predictive coding" in eDiscovery document review…best friend or job replac
▪ Civil Fraud v. Criminal Fraud: Criminal Proceedings Not a Silver Bullet to Resolve
▪ Corrupt Chinese drug administrators jailed or executed, whose family members ended
▪ Tone from the middle cannot be ignored
▪ Is bribing a Chinese doctor bribing an FCPA governmental official?
▪ Criminal and Administrative Liability under China's Competition Laws
▪ Model Standards for Trade Association Compliance with China's AML
▪ Double Exposure to Legal Risk Under China's Competition Laws: Comments Upon the Ex
▪ New Privacy Standards for New Data
▪ Chinese Police Are Foxhunting Corrupt Officials
 
On January 21, China imposed sanctions on 28 U.S. people who have seriously violated China's sovereignty and national security, including Pompeo, Navarro, O'Brien in the Trump administration. These people and their families have been banned from entering the mainland of China, Hong Kong and Macao. They and their affiliated enterprises and institutions have also been restricted from dealing with and doing business with China.  On January 9, China’s Ministry of Commerce issued Measures for Blocking Improper Extraterritorial Application of Foreign Laws and Measures.


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Giving doctors kickbacks in the form of speaker fees is literally an everyday practice of pharmaceutical and medical devices companies.  For the giving of the speakers’ fees, many well-known pharmaceutical companies have been implicated for paying bribes.  Although many implicated entities were heavily fined – some were even criminally prosecuted – the “high returns” generated via speaker fees still lure pharmaceutical or medical device companies into continuing giving kickbacks through “speaker fees”.


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The draft law provides for the obligation to the operators of key information infrastructures to locally store the personal information that is collected and generated within China, which is also the obligation for a processor whose quantity of processed personal information meets certain threshold as will be separately prescribed by the State Network and Information Department.  Where it is necessary to transfer personal information overseas, a security evaluation must be carried out by the State Network and Information Department. Security evaluations can be omitted if laws, regulations and State Network and Information Department allows the omission.


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Since October 21, 2020, China’s legislature has officially begun its public consultation process on the draft of Personal Information Protection Law.  With its passage in near future, it will function jointly with Cyber Security Law and Data Security Law (with its draft under legislative review) to regulate China’s online spheres in relation to cybersecurity and data governance and deal with the thorny issues present in personal data protection and uncertainties brought by new information technology and applications.  Hereinafter are some salient features of the draft law


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“Long-arm jurisdiction” in the US law enforcement becomes notorious in China.  It seems that everyone in China knows that the US government takes “shameless” liberty in imposing huge fines on Chinese companies and putting Chinese people into prison.  As such, Uncle Sam is viewed as Policeman on Pacific Ocean where no policeman is needed.  In relation to the “long-arm jurisdiction”, the new law provides for extraterritorial jurisdiction over any possible violations outside China.



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You may think it as retaliating or a reciprocal measure; China issued its Export Control Law to take effect from December 1, 2020.  The exporters or even their agents with the exports endangering China’s security or sovereignty will face administrative or criminal liabilities. As such, MNCs (and their agents) whose exported items could end up in military or “hostile” use should be mindful of this new law, which is seemingly the focus.  This new law is in the right tendency of granting meaningful credits for the efforts in compliance.  Those which have established a robust compliance management system shall have much convenience in exporting.



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On September 19th, 2020, China’s Ministry of Commerce issued the Regulation on the List of Unreliable Entities. This regulation seems to be a response by China to the recent Wechat and Tiktok ban. This regulation shows that the Chinese government, like the US government, is going to increase enforcement in export control and trade sanction areas. American businesses with significant exposure to the Chinese market should update their compliance system and take this new regulation into account. Because this piece of regulation has just come into effect, so far, there have been no entities added to the sanction list. 



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The Corporate Social Credit System is still under construction and needs to be adjusted, expanded and improved continuously. Therefore, the corporate should pay continuous attention to and accurately grasp the future development of the social credit system, closely observe the changes of the administrative department’s credit rating system and rating requirements, and carry out internal monitoring on the daily operation of the corporate to ensure that the corporate's behavior meets the credit rating requirements.

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