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Observations on the M&A Strategies of Multinationals in China's Pharmaceutical Market in 2012
8 January 2013
Publication
Recent years have seen acquisitions become a common element of any growth strategy for multinationals engaged in China's pharmaceutical market. At least half of the top 10 multinationals in China appear to be actively pursuing one or more targets with...
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Minimising corruption risk from counterparties in the natural resources sector
5 November 2012
Publication
As regulators and prosecutors around the world increase their efforts to combat corruption and bribery, companies need to monitor the actions of third parties as closely as those of their own employees.
Natural resources companies are used to operating in difficult...
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Ten Hallmarks of Effective Compliance Programs for Asia Pacific Companies
13 December 2012
Publication
Designing a corporate anti-corruption compliance program for companies operating in Asia Pacific sometimes feels like trying to fit a round hole around a square peg. No amount of pounding will smooth the edges off a thousand years of guanxi.
Fortunately, perhaps...
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Asia Pacific Anti-Corruption Rankings for 2012
19 December 2012
Publication
Transparency International’s recently released Corruption Perceptions Index 2012 reveals important new data for companies operating in Asia Pacific. There is some improvement and some backsliding amongst the countries reviewed, but with only one exception,...
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US FCPA Jurisdiction in Asia Pacific: To Infinity and Beyond?
19 October 2012
Publication
Recent cases brought by US law enforcement have made it clear that companies who are not incorporated or operating in the United States, not listed on US stock exchanges, and not doing business anywhere in the United States can still be subject to jurisdiction...
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Was It Worth the Wait? The Department of Justice / Securities Exchange Commission Guidance on the FCPA
14 November 2012
Publication
Today, the U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") (collectively, the "Agencies") released "A Resource Guide to the U.S. Foreign Corrupt Practices Act" (the "Guide"). ...
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Blowing the whistle on corruption in the US and China
27 March 2012
Publication
While the new anti-corruption whistleblowing provisions of the US Dodd-Frank Act have garnered much recent attention and consternation, it is worth remembering that the Chinese government has also recently enhanced its whistleblowing arsenal.
The whistleblower...
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Third-party intermediaries in China: Mitigating a necessary risk
27 March 2012
Publication
Virtually every article written on successfully doing business in China mentions the importance of using an intermediary (a zhongjian ren) to make introductions, provide language and cultural interpretations, and facilitate relationship-building (guanxi). Intermediaries...
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Bribing foreign public officials – a new offence in China
29 March 2011
Publication
The Standing Committee of the National People's Congress promulgated the Eighth Amendment to the Criminal Law of the People's Republic of China on 25 February 2011, which will take effect on 1 May 2011 (Amendment). Among others, this Amendment adds a second paragraph...
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US anti-boycott laws reach to China
15 December 2011
Publication
A recent anti-boycott investigation of the Shanghai branch of a major U.S. bank (the Bank) serves as an alert to branches and subsidiaries of U.S. companies located in China. Foreign branches of U.S. banks may be unaware that complying with boycotts that are...