To implement this year’s anti-graft plans, Premier Li produced six specific requests. The first request is to carry out the on-going regulations and rules such as hammering against patchy action on government buildings, head counts and conferences. Li called on auditors and supervisors to be "brave enough to crack the hard nuts" and investigate violation cases "deeply, thoroughly and concretely."
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There are currently about 40 staff members in the NDRC to enforce Anti-Monopoly Law. With 20 more to be added, the Bureau will have a team of 60 at its headquarters, and at least over 200 at the provincial level.
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According to the Provisions, a food producer with over 300 employees should establish a safe production management organization, which shall consist of at least three full-time management personnel on safe production, and one certified safety engineer. The Provisions provide the legal liabilities related with the violation of the Provisions. Those that violate the relevant provisions should be subject to administrative penalties.
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For a period of two years, all public medical institutions or the medical institutions with fiscal grant within such a blacklisting province will be prohibited from purchasing pharmaceutical products, medical devices and medical consumptions from a Blacklisted Party. The Blacklisted Parties shall be treated in disfavor in other provinces. Those which are blacklisted twice within five years shall be barred from doing any business with all of the public medical institutions or medical institutions with fiscal grant within the whole country of China.
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Revelations about the use of Prism for commercial purposes, coupled with enhanced FCPA enforcement, could mean increased scrutiny of non-U.S. companies and individuals’ business practices. While this will help level the playing field for U.S. companies, it will also create new difficulties for practitioners and compliance professionals in other countries, especially in China.
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China recently indicated that it will reform the current registered capital requirements for companies in China. The changes, once made, will significantly simplify foreign investment in China. The reform plans were announced by Chinese Premier Li Keqiang at an executive meeting of the State Council on 25 October 2013. The goal of the reform is to support a faster pace of economic reform and to encourage investment in China. Highlights of the reform include changing the current paid-up capital regime to a subscribed capital regime, lifting minimum registered capital requirements and relaxing timing requirements for capital contribution. With these changes, China plans to align its company registration system with international practice.
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The entire GSK investigation, led by the Economic Crimes Investigation Bureau under the Ministry of Public Security, could wrap up by the end of this year at the earliest, but that there are still disagreements over whether GSK will be charged for corporate bribery or whether only its executives in China should be charged. A professor at the People’s Public Security University of China who specialises in economic crimes investigations said recently in Shanghai at a closed-door meeting that the risk of GSK being charged as a legal entity cannot be ruled out, three people who attended the meeting told PaRR. GSK’s management, whether Chinese or foreign nationals, could therefore face charges in the case, the three people said.
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On December 3, 2013, Transparency International released 2013 Corruption Perceptions Index about the perceived levels of public sector corruption in 177 countries/territories around the world.
Denmark and New Zealand, scored 91, are ranked No. 1 in integrity. The bottom countries are Afghanistan, North Korea and Somania, which are all scored 8 and ranked at 175. China and Greece, scored 40, are ranked at 80. China was ranked at 80 as well in 2012.
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