China Law Blog - China And The Foreign Corrupt Practices Act (FCPA) -- Not Just For Americans Any More - Comments http://www.chinalawblog.com/ China Law for Business en Copyright 2011 Fri, 29 Jul 2011 11:44:07 -0800 Fri, 29 Jul 2011 11:44:07 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss FOARP This puts me in mind of a merger case back in the late seventies/early eighties, where a merger was blocked between a UK company and a US company on the specific grounds that the UK company would no longer be able to pay bribes in the third world.

]]> http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11248 http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11248 Legal News Wed, 11 Jun 2008 14:47:07 -0800 Dan Law Office of Todd L. Platek The FCPA is indeed a field of legal land mines. The Chinese Government is trying to level the playing field with its own laws. However, higher prices of foreign goods (both the imported and domestically-produced goods)in China, combined with our predilection (and laws) not to engage in certain activities, as opposed to the Chinese home-grown version of what it takes to do business, can put foreign companies at a competitive disadvantage, all other factors being equal. The twin problems of who is or is not government (be it central, provincial, county or municipal, or some other creature of official creation) owned, controlled or registered, and what expenses/activities are exactly permissible, require careful consideration. To a certain extent, it's 'when in Rome, do as we would have done at home anyway, just to be safe.'

Curiously, the FCPA accomodates Chinese legislation and policy. After always being accused of fostering an environment in which bribery is permitted, China is able to point to the FCPA and related laws to assert that if foreigners want to compete in a cleaner ethical business setting, they have to obey their own anti-bribery laws.

]]> http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11249 http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11249 Legal News Wed, 11 Jun 2008 14:47:07 -0800 Dan Carol Jiang For this purpose, American Conference Institute and C5 Group finally bring its acclaimed FCPA events to China. It will be held in Shanghai between 14 July and 16 July.

Below is the weblink: www.C5-online.com/anticorruptionchina.

Hope to see you there.

]]> http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11250 http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11250 Legal News Wed, 11 Jun 2008 14:47:07 -0800 Dan Rechtsanwalt Very insightful. Thank you for your broad perspective.

]]> http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11251 http://www.chinalawblog.com/2008/06/navigating_the_foreign_corrupt.html#11251 Legal News Wed, 11 Jun 2008 14:47:07 -0800 Dan