Chapter I: General Provisions
Article 1: This Law is formulated on the basis of the Constitution to prevent and punish acts of cross-border corruption, deepen international cooperation against corruption, protect the lawful rights and interests of organizations and individuals, and safeguard national sovereignty, security, and development interests.
Article 2: Efforts to counter cross-border corruption are to uphold the leadership of the Communist Party of China; to persist in having no areas off-limits, full coverage, and zero tolerance in the fight against corruption; to persist in addressing both symptoms and root causes and applying systematic governance; and to persist in actively participating in global anti-corruption governance.
Article 3: Article 3. As used in this law, “cross-border corruption” refers to the following acts:
(1) Citizens, enterprises, or other organizations, including their branches or subsidiaries, within China bribing foreign public officials or officials of international public organizations; or persons, enterprises, or other organizations, including their branches, outside of China bribing of foreign public officials or officials of international public organizations within China;
(2) Persons, enterprises, or other organizations outside of China, including their branches, bribing officials within China, as well as persons with whom they have specified relationships of public officials or persons with whom they have specific relationships, or state organs, state-owned enterprises, public institutions, or people's organizations, within China, and also related acts of accepting bribes;
(3) Violations and crimes abusing public office, other than those specified in the preceding two items, committed outside China by citizens, enterprises or other organizations, including their branches or subsidiaries, within China, including embezzlement, bribery, abuse of power, dereliction of duty, rent-seeking through the exercise of power, transfer of benefits, twisting the law for personal gain, or waste of state assets;
(4) Other acts of corruption of a similar nature to those provided in the preceding three items, where all or part of the conduct are committed outside China and all or part of the consequences occur within China;
(5) Acts involving persons suspected of corruption fleeing outside China or transferring corrupt assets across borders.
Article 4: The People's Republic of China (PRC) upholds respect for sovereignty, equality and reciprocity, fairness and justice, and the punishment of wrongdoing and promotion of good; advocates for the United Nations Convention against Corruption to play the role as the principal channel in international anti-corruption cooperation; practices multilateralism; honors commitments to cooperate in countering corruption; prevents and punishes the cross-border movement of persons involved in corruption and corruption-related assets; opposes providing safe havens for persons involved in corruption and corrupt assets under any pretext; and practically and efficiently carries out international cooperation in pursuing fugitives, recovering assets, returning assets, and other areas.
Article 5: Efforts to counter cross-border corruption shall be conducted in accordance with law, maintain the normal order of cross-border business, equally protect the lawful rights and interests of all types of business entities, and create a first-rate business environment that is market-based, law-based, and internationalized.
Article 6: Where a foreign nation violates international law or the basic norms of international relations, uses countering corruption as a pretext or improperly applies its own relevant laws extraterritorially, contains or suppresses our nation, or employs discriminatory restrictions or other improper measures on our nation’s citizens, enterprises, or other organizations, harming our nation’s sovereignty, security, or development interests, our nation has the right to take corresponding measures, including countermeasures and blocking measures, in accordance with relevant state provisions such as the Anti-Foreign Sanctions Law of the PRC.
Chapter II: Duties and Mechanisms
Article 7: The State is to establish a working mechanism for countering cross-border corruption to organize, coordinate, and guide work to counter cross-border corruption, and perform the following duties:
(1) Comprehensively assess the overall situation in countering cross-border corruption, research and propose relevant policies, and draft and publish guidelines on countering cross-border corruption;
(2) Coordinate the formulation of systems related to countering cross-border corruption;
(3) Coordinate law enforcement and judicial work on countering cross-border corruption;
(4) Guide relevant departments and areas in carrying out efforts to counter cross-border corruption;
(5) Urge relevant regulatory departments and so forth to improve systems for probity and compliance management, and guide the identification, assessment, early warning, and response to and handling of cross-border corruption risks;
(6) Research and resolve other major issues in efforts to counter cross-border corruption.
Article 8: The state working mechanism for countering cross-border corruption is to be led by the National Supervision Commission, with the State Council's departments such as for foreign affairs, public security, justice, finance, commerce, anti-money laundering administration, auditing, state-owned assets supervision and administration, financial supervision and administration, securities supervision and administration, and cyberspace administration, as well as other relevant organs, jointly carrying out efforts to counter cross-border corruption in accordance with their respective duties and division of labor.
The State Supervision Commission bears responsibility for the working mechanism’s routine work, organizes and coordinates the investigation and handling of major cross-border corruption cases in accordance with law, and conducts international cooperation in countering cross-border corruption together with relevant organs.
The supervision commissions of provinces, autonomous regions, and directly-governed municipalities are to lead and be responsible for efforts to counter cross-border corruption within their corresponding administrative regions. Provinces, autonomous regions, and directly-governed municipalities may establish local working mechanisms for countering cross-border corruption as needed for their work.
Supervision organs and supervision commissioners stationed or dispatched by supervision commissions at all levels are to carry out relevant efforts to counter cross-border corruption in accordance with law and their authority, based on the authorization of the dispatching organ.
Article 9: In efforts to counter cross-border corruption, supervision organs, public security organs, procuratorial organs, and adjudication organs are to perform the functions of state supervision, investigation, procuratorial work, and adjudication in accordance with law. Where, while handling cases, they discover problems in the relevant regulatory departments’ efforts to counter cross-border corruption, they may submit written opinions and recommendations to promote stronger governance and improved systems. The relevant regulatory departments shall promptly handle the matter and give written feedback.
Article 10: Departments, such as for commerce, state-owned asset oversight and administration, market regulation, and financial regulation shall, together with supervision organs and public security organs, establish and improve durably effective mechanisms for countering cross-border corruption in their respective industries, monitor and analyze cross-border corruption in the relevant industries and sectors, provide risk warnings, and strengthen regulation of industries and sectors prone to cross-border corruption.
In accordance with laws, regulations, and their charters, relevant industry associations, chambers of commerce, and so forth, are to give play to their f coordinating and self-regulatory functions, guide their members in strengthening the establishment of probity and compliance, provide members with services such as relevant information consultation, and protection of rights and interests, to promote the industry’s lawful conduct of cross-border business.
Article 11: Organs and units responsible for appointing and removing public officials shall, within the scope of their administrative authority, strengthen the education, management, and oversight of public officials, and prevent and address acts of cross-border corruption by public officials in accordance with law.
Article 12: Supervision organs, together with relevant organs, are to strengthen oversight and rectification of public officials who, in violation of relevant provisions, acquire foreign nationality or obtain permanent-residence status or long-term residence permits outside the country (region), improve the system for reporting public officials' deposits and investments outside the country, and establish and improve early-warning, blocking, and accountability mechanisms for preventing flight and the cross-border transfer of corrupt assets.
Article 13: The administrative departments responsible for countering money laundering, and other departments and institutions with regulatory duties to counter money laundering in accordance with law, are to guide financial institutions and designated non-financial institutions in strengthening monitoring of cross-border funds in accordance with law.
Where the State Council administrative department for countering money-laundering, or one of its dispatched institutions at or above the level of a districted city, discovers suspicious transaction activity related to cross-border corruption, it may conduct an investigation in accordance with law and promptly transfer leads concerning cross-border corruption and relevant evidentiary materials to the supervision organs and public security organs.
Article 14: Where, during supervision inspections of relevant organizations and individuals in accordance with law, departments for auditing, finance, taxation, financial regulation, and so forth discover that the intake or output of funds, or the transfer of assets, is suspected of involving cross-border corruption violations or crimes, they shall promptly transfer the relevant leads and evidentiary materials to the supervision organs and public security organs.
Where information lawfully reported by customs to the administrative departments for countering money laundering concerning cash, bearer payment instruments, and other items carried by persons entering or leaving the country is suspected of involving cross-border corruption violations or crimes, the administrative departments for countering money laundering shall promptly transfer the relevant leads and supporting evidence to the supervision organs and public security organs.
Article 15: Relevant organs shall use information technology tools such as big data and artificial intelligence in efforts to counter cross-border corruption in accordance with law, integrate various oversight information resources, strengthen comprehensive data analysis and assessment, and promote the prompt issuance of risk warnings and the precision discovery of problems.
Article 16: Relevant organs shall use means such as publicity and education on the rule of law and using cases to explain the law, to organize and carry out publicity and education on countering cross-border corruption, to enhance the entire society’s awareness and capacity to counter cross-border corruption.
Units such as for news, radio, television, culture, and Internet information services, shall conduct focused publicity and education for the public on countering cross-border corruption.
The State is to encourage and support qualified institutions of higher education, scientific research institutions, and so forth in conducting basic research on countering cross-border corruption, to strengthen the education and cultivation of relevant talent.
Chapter III: Case Handling and International Cooperation
Article 17: All organizations or individuals have the right to report acts of cross-border corruption. Relevant organs shall promptly address reports in accordance with law, keep the identity of informants confidential, and give rewards and protection in accordance with relevant provisions.to informants who provide valid information.
Article 18: In the course of handling cross-border corruption cases, supervision organs, public security organs, and other relevant organs have the right to learn about the situation from relevant organizations and individuals and to collect and obtain evidence in accordance with law. Relevant organizations and individuals shall actively cooperate and truthfully provide relevant evidentiary materials.
In the course of handling major cases of cross-border corruption supervision organs, public security organs, and other relevant organs may lawfully request foreign enterprises or other organizations to cooperate on the basis of the reciprocity principle,
Article 19: To prevent persons suspected of acts of corruption from fleeing outside of China, supervision organs, public security organs, and other relevant organs may decide to impose measures restricting exit in accordance with the legally prescribed conditions and procedures, to be enforced by the immigration management institutions in accordance with law.
Article 20: As needed for efforts to counter cross-border corruption, supervision organs, public security organs, and other relevant organs may, in accordance with relevant state provisions, request that customs, immigration administration, and other inspection organs facilitate the passage of relevant persons. The relevant inspection organs shall provide assistance in accordance with law.
Article 21: On the basis of our nation’s laws and international treaties and agreements concluded or acceded to by our nation, or in accordance with the principles of equality and reciprocity and consultation and consensus, supervision organs, public security organs, and other relevant organs shall conduct law enforcement and judicial cooperation and judicial assistance with relevant foreign institutions in areas such as pursuing fugitives and recovering stolen assets, conducting joint investigations, investigating and collecting evidence, and exchanging information; working together to prevent and punish acts of cross-border corruption.
Article 22: Supervision organs, public security organs, and other relevant organs handling cross-border corruption cases, may request the following judicial assistance from relevant foreign institutions in accordance with law:
(1) Locating and identifying relevant persons;
(2) Querying and verifying information concerning assets involved in the case and financial accounts;
(3) Obtaining and providing testimony or statements from relevant persons;
(4) Obtaining and providing relevant documents, records, electronic data, and items;
(5) Obtaining and providing evaluation opinions;
(6) Obtaining and providing evaluation opinions;
(7) Searching persons, items, residences, and other relevant premises;
(8) Arranging for witnesses to testify, or assisting in investigations;
(9) Sealing, seizing, or freezing assets involved in the case;
(10) Confiscating and returning unlawful gains and other assets involved in the case;
(11) Serving legal documents;
(12) Other matters of judicial assistance.
Article 23: Evidentiary materials obtained by supervision organs, public security organs, and other relevant organs through channels such as international law enforcement and judicial cooperation and judicial assistance may be used as evidence after review where they meet statutory requirements, except where international treaties or agreements, or a commitment by our nation, provides that they will not be used as evidence
Article 24: In the course of handling cross-border corruption cases, where supervision organs, public security organs, or other relevant organs discover that a person under investigation or criminal suspect has fled outside China, they may cooperate with relevant foreign institutions in pursuing the fugitive through such means as extradition, the transfer of sentenced persons, repatriation, and prosecution outside China, to lawfully pursue and bring the person in.
Article 25: Supervision organs, public security organs, and other relevant organs may lawfully pursue and recover assets from cross-border corruption through procedures such as law enforcement and judicial cooperation, judicial assistance, and confiscation of unlawful gains, as well as measures such as ordering restitution and accepting voluntary surrender of assets.
Supervision organs, public security organs, and other relevant organs may cooperate with relevant foreign institutions in the return and sharing of assets on the basis of our nation’s laws and international treaties and agreements concluded or acceded to by our nation, or in accordance with the principles of equality and reciprocity and consultation and consensus.
Article 26: Relevant organs are to handle requests from foreign institutions for law enforcement and judicial cooperation and judicial assistance relating to cross-border corruption on the basis of our nation’s laws and international treaties and agreements concluded or acceded to by our nation, or in accordance with the principles of equality and reciprocity and consultation and consensus.
Without the consent of our nation’s relevant organs, foreign institutions, organizations, and individuals must not conduct investigations or other law enforcement activities relating to countering cross-border corruption within China, either by themselves or through others, and institutions, organizations, and individuals within our nation must not provide evidentiary materials or other relevant assistance to foreign institutions, organizations, or individuals. Where our nation’s laws are violated, corresponding measures, including blocking measures, are to be taken in accordance with relevant national provisions, and legal responsibility is to be pursued in accordance with law.
Article 27: The relevant organs may refuse to provide assistance to relevant foreign institutions in cross-border corruption cases where our nation is currently conducting an investigation, criminal investigation, prosecution, or trial; where a legally effective judgment or ruling has already been issued; where the criminal proceedings have been ended, the statute of limitations for prosecution has been completed; or there are other circumstances in which judicial assistance may be refused in accordance with law.
Article 28: The relevant organs shall conduct in-depth international exchanges of information and sharing of experience on countering corruption with the relevant foreign institutions, share professional knowledge and technical resources, and directly provide or support international organizations in providing technical assistance and training on countering corruption to relevant countries and regions, to assist in strengthening capacity to counter corruption.
Chapter IV: Probity and Compliance
Article 29: Enterprises engaged in cross-border business operations shall comply with the requirements of our nation’s laws and regulations, regulatory provisions, and relevant international treaties and agreements; observe commercial ethics, professional ethics, industry norms, and codes of conduct; conduct business operations with probity and compliance; and urge and guide their foreign branches and subsidiaries to comply with the relevant laws of the countries in which they are located.
“Enterprises engaged in cross-border business operations,” as used in this law, refers to domestic enterprises that establish branches or subsidiaries, or conduct investment activities, outside of China, as well as branches or subsidiaries of foreign enterprises established within China.
Article 30: Enterprises engaged in cross-border business operations shall, on the basis of factors such as enterprise scale, scope of operations, and business revenue, formulate systems for managing probity and compliance, improve operating mechanisms for probity and compliance, promptly investigate and handle violations, and have probity and compliance management permeate the entire process of decision-making, implementation, and oversight of cross-border business operations.
Domestic enterprises engaged in cross-border business operations shall establish probity and compliance management departments or designate personnel in a reasonable manner. They may formulate separate probity and compliance management systems for their cross-border business departments and foreign branches and subsidiaries, dispatch probity and compliance officers to foreign institutions as appropriate in light of actual circumstances, and formulate guidelines and checklists for the performance of probity and compliance officers' duties.
Article 31: Enterprises engaged in cross-border business operations shall carry out probity risk identification and assessments in cross-border business operations, improve internal reporting mechanisms, promptly issue warnings and address probity risks that are identified, and take targeted monitoring and corrective measures. Where suspected cross-border corruption issues are discovered, they are to be reported to the supervision organs, public security organs, or other relevant organs in accordance with law.
State-owned enterprises shall strengthen the prevention and control of probity risks involving key positions, major funds, and major projects outside China, take measures such as directly appointing persons responsible for finance outside China, rotating personnel stationed abroad, and using recusals to avoid conflicts of interest in accordance with relevant provisions, to strengthen oversight and management of their employees, funds, and projects outside China.
Article 32: Enterprises engaged in cross-border business operations shall establish and complete financial and accounting systems in accordance with law and ensure that accounting materials such as accounting documents, ledgers, and financial accounting reports for their cross-border operations are true and complete; they must not use financial or accounting means to carry out, conceal, or hide acts of cross-border corruption.
Domestic enterprises engaged in cross-border business operations shall strengthen financial management of their cross-border business institutions and foreign branches and subsidiaries, standardize accounting, strengthen internal auditing, and promote improvements in probity and compliance levels in business operations and management.
Article 33: Enterprises engaged in cross-border business operations shall conduct due diligence on third-party institutions or individuals they hire, conduct oversight and management, establish and complete mechanisms for preventing relevant probity risks, and require third-party institutions or individuals representing the enterprise to strictly comply with the enterprise's probity and compliance codes of conduct. They must not use third-party institutions or individuals to commit acts of cross-border corruption.
Domestic enterprises engaged in cross-border business operations shall require their foreign branches and subsidiaries to implement the enterprise's system for the oversight and management of third-party institutions or individuals.
Article 34: Enterprises engaged in cross-border business operations shall strengthen education on probity for employees and promote employees' awareness of probity in practice.
Domestic enterprises engaged in cross-border business operations shall advocate and promote the development of a corporate probity culture, provide probity and compliance training to employees of their cross-border business departments and foreign branches and subsidiaries, and ensure that they understand and comply with the enterprise's probity and compliance management systems and risk-prevention and control requirements.
Chapter V: Legal Responsibility
Article 35: Where enterprises, other organizations, or individuals commit acts of cross-border corruption that constitute a crime provided for in the Criminal Law of the PRC, criminal responsibility is to be pursued in accordance with law.
Article 36: Where enterprises, other organizations, or individuals commit acts of cross-border corruption that violate the order of administrative management that shall be given administrative penalties; the relevant regulatory departments shall give administrative penalties in accordance with law.
Where enterprises or other organizations commit acts specified in the preceding paragraph, the directly responsible management and other directly responsible personnel are to be given administrative penalties in accordance with the preceding paragraph.
Where, after the conclusion of supervision organs’ or public security organs’ handling of cross-border corruption cases, the person under investigation or criminal suspect shall be given an administrative penalty, it should be transferred to the relevant regulatory departments in accordance with law.
Article 37: Where public officials commit acts of cross-border corruption, the supervision organs, or the organs or units responsible for appointing and removing those public officials, are to give sanctions in accordance with law.
Where enterprises or other organizations commit acts of cross-border corruption, sanctions are to be given to public officials among its responsible leadership and directly responsible personnel in accordance with law.
Article 38: Where enterprises, other organizations, or individuals commit acts of cross-border corruption causing property loss or other harm, they shall bear civil liability in accordance with law.
Article 39: Where enterprises, other organizations, or individuals are punished for violating the provisions of this Law, the punishments are to be entered into their credit records in accordance with relevant state provisions, and where laws or administrative regulations contain prohibitions or restrictions on their engaging in related businesses or professions, follow those provisions.
Article 40: Where enterprises, other organizations, or individuals commit acts of cross-border corruption, the proceeds from the illegal or criminal conduct and the fruits thereof shall be confiscated or recovered, or restitution ordered, in accordance with law.
Article 41: Where persons jointly commit acts of cross-border corruption, they are to be punished or sanctioned separately based on the role each actor played in the joint violation or crime and the legal liability they should bear.
Those who instigate or assist others in committing acts of cross-border corruption are to be punished or sanctioned in accordance with the conduct instigated or assisted.
Article 42: Where enterprises, other organizations, or individuals that commit acts of cross-border corruption have any of the following circumstances, a heavier administrative punishment or sanction is to be given:
(1) Committing acts of cross-border corruption several times;
(2) Committing another act of cross-border corruption after being pursued for legal responsibility for cross-border corruption;
(3) Refusing to turn over unlawful gains or make restitution;
(4) Causing serious harmful consequences to national interests or the societal public interest by acts of cross-border corruption;
(5) Other circumstances for which laws or regulations provide for heavier administrative penalties or sanctions.
Article 43: Where enterprises, other organizations, or individuals that commit acts of cross-border corruption have any of the following circumstances, a lighter or commuted administrative punishment or sanction may be given:
(1) Voluntarily surrendering and truthfully confessing;
(2) Actively cooperating with the investigation and proactively providing relevant materials;
(3) Proactively taking remedial measures and actively returning stolen assets, to effectively reduce or avoiding losses;
(4) Reporting other persons’ acts of cross-border corruption, which are found true after review;
(5) Other circumstances in which laws or regulations provide that administrative punishments or sanction may be lighter or commuted.
Article 44: Where elevant organizations or individuals violate the provisions of this Law by refusing to provide evidentiary materials, concealing, falsifying, or destroying evidence, or refusing or obstructing an investigation into cross-border corruption, the unit, regulatory department, higher-level organ, supervision organ, or public security organ that they fall under is to order corrections. Where a violation of public security administration is constituted, public security administration punishments are to be imposed in accordance with law; where a crime is constituted, criminal liability is to be pursued in accordance with law. Where violations of public security are constituted, a public security administrative sanction is lawfully given; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 45: Where enterprises engaged in cross-border business operations fail to perform the probity and compliance obligations provided for by this Law, the relevant regulatory departments are to order them to make corrections within a set period of time. and where corrections are refused, they may be ordered to suspend relevant operations, suspend business for rectification, or have their relevant operations permits revoked. Where the conduct described above concurrently violates other laws or regulations, legal responsibility is to be pursued in accordance with law.
Article 46: Where the staff of supervision organs, public security organs, or other relevant organs abuse their authority, neglect their duties, twist the law for personal gain in efforts to counter cross-border corruption, or violate provisions by disclosing state secrets, work secrets, commercial secrets, personal privacy, or personal information, they are to be given disciplinary sanctions in accordance with law. Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Chapter VI: Supplementary Provisions
Article 47: This Law takes effect on xxxx/xx/xx.
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.
- China Law Translate
- China Law Translate
- China Law Translate
- China Law Translate
English
中文(简体)
Be First to Comment