Monthly Archives: January 2017

A Simple Case Study About Meals and Travel Reimbursement Under Anti-Bribery

The landmark GSK case has indicated a new era when robust anti-bribery enforcement against the giving side has become the norm in China with reference to the counterpart under FCPA. Among others, under PRC law, the concept of “property or things” as the vehicle of bribery is as broad as “Quid Pro Quo” which refers to money or anything of value intended to operate, or which may reasonably be perceived as operating, to influence an action or decision. And when we talk about “anything of value”, such definition does include any monetary or non-monetary advantage, including but not limited to cash, cash equivalents, gifts, inflated commissions, unauthorized rebates, political or charitable donations, offers of employment, excessive entertainment, meals, travel-related expenditures (even if those expenditures are paid directly to a travel vendor), services, loans, subsidies, training and sponsorships, etc.

Historical Issue of Fire Protection and Legal Position Analysis

“Historical Issue” is a frequently used terminology in the context of PRC operation. However, what does it mean remains to be very foreign to most foreign managers in multinational companies. In a nutshell, the rapid economic development over the 3 decades has given rise to wide spread non-compliance with various prevailing government regulations that failed to sit well with the said economic development. When such non-compliance, which as a matter of fact had its own economic rationale, became too common for the local government to enforce, it will stay there for generations and generations of administration and then became a “historical issue”.