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Is Foreign Bribery a Crime in China?

Is Foreign Bribery a Crime in China?

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 illegitimate benefits”. But the amendment which took effect May 1, 2011, simply adds that “whoever, 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.

 

Though the PRC had already criminalized payment of bribes to Chinese governmental official, the amendment represents the first time that the PRC has prohibited PRC residents and companies from paying bribes to foreign officials.

 

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