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China has strengthened its commitment to investigate commercial bribery offenses, as indicated by two recent legislative developments — Guiding Opinions on Establishing a Mechanism for Third-party Supervision and Evaluation of the Compliance of Enterprises Involved in Cases (for Trial Implementation) (“Third-Party Mechanism Guiding Opinions,” 《关于建立涉案企业合规第三方监督评估机制的指导意见(试行)》, issued in June 2021) and Opinions on Further Promoting the Investigation of Bribery and Acceptance of Bribes (“Opinions on Dual Investigations,” 《关于进一步推进受贿行贿一起查的意见》, issued in September 2021). These significant developments indicate China’s latest enforcement trends with a renewed focus on bribe givers and commercial bribery, while balancing the need to protect legitimate business interests.

The latest issue of the China employment law series looks at: what employers need to consider under the New Personal Information Protection Law, new measures to protect gig worker labor security rights and interests, the illegality of the ‘996’ work system, flexible employment measures for the Free Trade Zone enterprises, Shanghai court rulings on office phone conversations being used as evidence, Beijing court rulings on lawful dismissal, Shenzhen court rulings on dismissal, and new protection for delivery workers.

Trade between China and Africa almost doubled between 2020 and 2021, and over the last 20 years trade between China and the region has increased twenty-fold. Challenges, such as Africa’s over-dependence on natural resources and vast lack of essential infrastructure, must still be addressed, but the African Continental Free Trade Area is gearing up to provide a further boost for all of the continent’s major trading partners.

On 3 June 2021, the Trade Remedy Authority of the Ministry of Industry and Trade (MOIT) received a petition for an anti-dumping investigation with regard to office desks and chairs originating from China and Malaysia. The petitioners are Xuan Hoa Vietnam JSC, and Hoa Phat Furniture., JSC. On 1 September 2021, the MOIT issued Decision No. 2091/QD-BCT to officially conduct the investigation.

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 20 August 2021, the Standing Committee of the National People’s Congress passed the Personal Information Protection Law of the PRC (PIPL), after deliberating two draft versions and seeking public comment in a ten-month span. The passage of the PIPL signifies that China is stepping into a more robust and comprehensive personal information protection regime by establishing a unified, cross-sector legislation, as the EU does with the aid of the General Data Protection Regulation.

The Measures for the Supervision and Administration of Anti-Money Laundering and Counter-Terrorist Financing of Financial Institutions recently promulgated by the People’s Bank of China came into effect on 1 August 2021. Among other things, the Measures expand the scope of applicable entities, provide specific details of internal control and risk management requirements and increase PBOC’s supervision and administration powers. The new Measures are a significant development, demonstrating China’s efforts to improve and enhance its anti-money laundering and counter-terrorist financing regime.

In the recent flurry of US Government activity related to Xinjiang, one thing is clear: trade compliance risks continue to increase for companies with supply chains that involve Xinjiang. These latest actions add to the expanding list of companies that face import bans, export bans, and sometimes both, in addition to broader measures under consideration in Congress. This blog post summarizes the past month’s developments.