The People's Republic of China has joined the growing number
of nations to criminalize bribery of foreign officials through
recent amendments to its Criminal Law, which took effect May 1,
2011. Though the PRC had already criminalized payment of bribes to
Chinese governmental officials, the amendment represents the first
time that the PRC has prohibited PRC residents and companies from
paying bribes to foreign officials.
The pre-existing provision of the Criminal Law had criminalized
"giving money or property to any employee of a company or
enterprise or other entity" "for the purpose of seeking
illegitimate benefits." The amendment simply adds that
"[w]hoever, for the purpose of seeking illegitimate commercial
benefit, gives property to any foreign public official or official
of an international public organization" shall be punished in
the same manner as one who bribes a PRC governmental official.
There appear to be no defenses or exceptions to the provisions.
