02.03.11 14:53 Age: 13 yrs

CHINA AMENDS CRIMINAL LAW TO COVER FOREIGN BRIBERY

On February 25, 2011, the legislature of the People’s Republic of China (“PRC”), the National People’s Congress, passed a slate of 49 amendments to the Criminal Law, one of which is a provision that criminalizes paying bribes to non-PRC government officials and to officials of international public organizations (“the Amendment”).  This Amendment represents the first instance in which PRC law has prohibited PRC nationals and PRC companies from paying bribes to non-PRC government officials.  The Amendment, which will take effect on May 1, 2011, appears to be an attempt to bring China’s anti-corruption laws into closer alignment with the provisions of multilateral conventions.  The ultimate effectiveness of the Amendment in preventing overseas bribery, however, will depend on interpretation and enforcement.