China network September 27 reported that China has become the United States foreign corrupt countries of focus; oil, gas, pharmaceutical and biotechnology industry has become the focus area.
August 2010, the world's second largest pharmaceutical companies Germany Merck receives United States Department of Justice and the United States Securities and Exchange Commission's question. Offeris suspected that the United States company suspected of violating the foreign corrupt practices Act (FCPA), and require the company to provide more national business information.
Subsequently, GlaxoSmithKline, Pfizer pharmaceutical giants such as world, they are disclosed in the United States Government on such matters.
In the last two years, Merck and other large pharmaceutical companies in China, Russia, India and Brazil and other emerging market countries. In these countries, drug approval, production, import, export, pricing, sales and marketing aspects, needs approval in the public sector, are some of the United States media think easy to corruption.
In addition to the pharmaceutical industry, petroleum, natural gas, bio-engineering, etc., and also the United States abroad and corruption focus area.
The Chinese market was focused
FCPA is the United States in 1977 of a punishment of domestic companies, businesses or citizens to bribing foreign public officials. Under the FCPA, Chinese companies listed in the United States, the United States company in China to establish subsidiaries, representative offices and employees, as well as in the United States to engage in corrupt practices of the Chinese enterprises or individuals, or even through the United States bank transfers of corrupt practices, may be subject to the jurisdiction of the Act.
Although the domestic law of the United States, but the FCPA for "going out" Chinese enterprises, in particular to the development of Chinese enterprises in the United States, the same is a handle of the sword of Damocles above.
At the end of June 2010, Germany's industrial giants Siemens over 150 senior executives gathered in Beijing to discuss compliance with China and United States of anti-corruption laws. According to Siemens persons connected to the financial and economic state weekly press briefing, participate in the meeting with Siemens (China) nearly 60 branches in charge of compliance aspects, Chief Executive Officer and Chief Financial Officer, as well as Germany headquarters, in charge of compliance aspects.
Participants can use this platform to understand compliance project of the new trends, new policies, new development, exchange of compliance difficulties in project implementation, so that timely compliance project of the company to improve and adjust. Since 2007, this year is already the fourth. 2007 is the Siemens company global corruption case and comprehensive inventory time. straightening Case was United States SEC as history corporate corruption case.
In addition, in 2009, the United States self-adhesive label materials · Giants Avery Dennison company "bribe local officials to China to get project" acts contrary to United States authorities FCPA, is punishable by a fine of 20 million; subsequently, the United States control component companies in over 30 countries bribery about 236 times, was sentenced to a fine of $ 1820, China's domestic 19 companies involved in this case, only the large central enterprises or its affiliated companies for more than 10; March 2010, Germany car manufacturers Daimler-Chrysler charged, from 1998 to 2008, including China, 22 national government officials, bribery tens, sentenced to a fine of $ 1850.
"China is a key area of FCPA enforcement. "United States ' gold · Kong wave law firm senior partner Edward · Rubin Malinowski tells the financial national weekly reporter.
United States John Woo law firm statistics show that since 1 January 2005, the United States Department of Justice trial of FCPA cases, a total of 34 pieces related to China, and the possible violation of the FCPA require investigation is initiated.
However, the United States Department of Justice in response to the financial and economic state weekly reporter, because in China for commercial bribery, a total of 15 companies subject to United States FCPA investigated, namely: Daimler co., Ltd., UTStarcom, control, component company, Avery Dennison, ITT, Siemens, method such as company, AMACInternational, AGA, Lucent, York International, ParadimBV, SchnitzerSteelIndustries, Depp, GEInVision.
"These 15 companies with United States Department of Justice and the settlement of sec. "Institute of transnational corporations in China Ministry of Commerce, director Wang said, conduct investigations, may not be able to confirm that the company is illegal, but may be suspected of crime. For example, Daimler's case from around 2003, but began to investigate until 2010, was formally announced that reconciliation.
Respondents in the United States attorneys have indicated that, although it is a violation of the FCPA, in China has been a lot of investigation, but with China's massive population size compared to the proportion is still very low.
However, Kim · Kong wave law firm of Edward · Rubin Smirnov said, with the United States in more and more Chinese investment, and the fight against corruption has become a top priority for the Government of the United States, involving the FCPA cases in China will be more and more.
Foreign bribery prosecution of officials or by us
· Under Covington Burling law firm to "financial national weekly reporter provides the data show that by 2010, in the proceedings to date 49 FCPA, two in China; a total of 44 2009, 10 involved in China; in 2008, a total of 35 items, there are 5 items involving China.
June 2010, the third session of the United States foreign corrupt practices Act Summit to be held in Shanghai. United States Justice Department Deputy Secretary anti fraud nasanier · Edmunds in the Conference that the United States Federal Bureau of investigation has anti-corruption as its primary task.
Petroleum, natural gas, pharmaceutical and biotechnology industries to become this round of anti-corruption storm's focus on the object. "The Justice Department is initiating more secret investigation, will use new technical tools to fight corruption. "United States Department of Justice Minister, the Chief Public Prosecutor's
Officer Eric · holder at the end of may in the participation of the OECD anti-corruption Conference, "increasing the intensity of the punishment of individuals will be the next step in FCPA enforcement priorities. ”"In future, foreign bribery of officials of the United States Department of Justice may face prosecution. "The United States John Woo law firm, served in the United States Department of Justice Special Prosecutor Rebecca · Perth's said that the Justice Department is seeking other channels bypassing the FCPA on foreign officials do not have jurisdiction.
"United States Government on FCPA enforcement approach is changing. FCPA enforcement is not the past two years, only two years, an increasing number of cases. "Edward · Rubin usmanov accepts the financial national weekly" interview that this was an economic policy that emphasized company through competition rather than bribery gets benefit. FCPA is attempting to influence foreign companies and foreign Governments, the fight against corruption is becoming a global trend. 123
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