John Tan Discusses Proposed China Anti-Bribery Law in Global Investigations Review

John Tan, co-lead of Arnold & Porter’s Anti-Corruption practice, was quoted in the recent Global Investigations Review article, “China considers anti-foreign bribery law overhaul,” which examined a draft Chinese law governing the investigation and prosecution of overseas corruption cases.

John discussed the draft bill, including provisions setting out the compliance controls companies are expected to maintain, such as risk assessments and third-party due diligence. “In the past, Chinese regulators did not provide a lot of guidance on what their expectations were for companies to have internal compliance requirements,” he said. “Now that they are providing the expectations, they are roughly in line with the expectations from regulators in other markets.”

John also looked ahead to how these new requirements will be enforced. “It will be interesting to see how Chinese regulators approach these compliance obligations; will they do it the same way as U.S. regulators and investigate concerns about bribery, and then if compliance failures are found during the course of an investigation, punish those?”

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