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ARTICLE · 17 JULY 2013

Domestic Anti-Bribery Enforcement On The Rise

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

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Chinese anti-bribery efforts previously focused primarily on the bribe-taker.

NetherlandsGovernment, Public Sector
Geert Potjewijd
Geert Potjewijd
Yi Duan
Yi Duan
Sjoerd Van Elferen
Sjoerd Van Elferen
Renee Xu
Renee Xu
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Chinese anti-bribery efforts previously focused primarily on the bribe-taker. This is changing, as the focus is more on bribe-givers based on interpretations of China's anti-bribery law, as recently issued by the China Supreme Court. This development could affect foreign companies dealing with Chinese government officials.

The new interpretations deal with the punishment of bribe-givers. They also provide precise financial thresholds to guide local courts in determining the severity of a bribery offence. The key elements are the following:

  • Any person who bribes government officials for RMB 10,000 or more will be investigated for criminal liabilities.
  • A "serious" offender could be sentenced to 5-10 years. Circumstances that will be considered "serious" include giving a bribe ranging from RMB 200,000 to RMB 1,000,000, or giving a bribe ranging from RMB 100,000 to RMB 200,000  and coupled with certain specific circumstances which are described below.

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