On October 26, 2018, the People’s Republic of China (the
“PRC”) enacted the International Criminal Judicial
Assistance Law (the “ICJAL”), which immediately came
into effect. In essence, the ICJAL serves as a blocking statute1
that requires approval by PRC governmental authorities before any
institution, organization, or individual within the territory of
the PRC can provide evidence materials and assistance to any
foreign countries’ criminal proceedings.2 As such, the
ICJAL could significantly impact cross-border criminal enforcement
and prosecutions, which are increasingly commonplace as the world
becomes further globalized.
Enactment of the ICJAL may be a defensive maneuver by the PRC in
response to extraterritorial enforcement reach of other countries.
The context is particularly salient when viewed in light of the
U.S. Department of Justice’s (the “DOJ”) recent
enforcement focus on China. With respect to the U.S. and the PRC,
the ICJAL also represents a
