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Clifford Chance

Clifford Chance


State-owned enterprises: an FCPA risk you can't ignore in Asia

8 September 2014

Companies operating in Asia, where state-owned or controlled entities are commonplace, need to be aware of the particular risks they face. Bribes paid to employees of state-owned or state-controlled enterprises (SOEs) are bribes paid to a “foreign official.” Accordingly, payments to officers and employees of SOEs, like traditional government agency officials, for the purpose of obtaining or retaining business, constitute bribery and are prohibited by the US Foreign Corrupt Practices Act (FCPA).

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