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Henry Chen

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Henry Chen is a special counsel in Baker McKenzie's Shanghai office.

The Supervisors Law of the People’s Republic of China was recently promulgated by the Standing Committee of the National People’s Congress on 20 August 2021. Together with other legislation and enforcement activities, the Supervisors Law aims to strengthen President Xi’s anti-corruption campaign and is scheduled to take effect on 1 January 2022.

On 24 June 2020, the China Banking and Insurance Regulatory Commission (CBIRC) issued a circular on Carrying out the Follow-up Checks for the Rectification of Market Problems in the Banking and Insurance Sectors (the “Circular”). The CBIRC proposes to launch follow-up checks to review the steps taken to correct industry problems identified in the past three years following some high-profile cases, particularly in the areas of corporate governance, risk management and repeated violations of several laws and regulations.

Our alert sets out a brief summary of key “follow-up” checks outlined in the Circular and provides some practical tips that we have developed from our own experience on how companies can ensure their compliance programs satisfy the guidelines. More information can be found in our guide on 5 Essential Elements Of Corporate Compliance.

Amendments to FCPA Corporate Enforcement Policy In March 12, 2019, the US Department of Justice (DOJ) modified the FCPA Corporate Enforcement Policy (the “Policy”). This Policy credits corporations that voluntarily self-disclose, provide full cooperation, and demonstrate timely and appropriate remediation in FCPA matters with a presumption of declination absent aggravating…

Recent developments On 2 January 2019, the Ministry of Public Security of the People’s Republic of China (MPS) issued the Rules on Collection of Electronic Data by Public Security Bureau When Handling Criminal Cases (“MPS Rules”). The MPS Rules took effect on 1 February 2019. We previously issued an alert on the Rules…

On 26 October 2018, the Standing Committee of the National People’s Congress passed the revised PRC Criminal Procedure Law (“CPL”) which introduces, among other things, the “default judgment” and “immediate judgment” procedures in criminal trials. The default judgment procedure penalizes defendants who have absconded overseas in respect of bribery and…