Business Corruption in China
The Chinese government, led by President Xi Jinping, is in the midst of a sweeping anti-corruption campaign that has led to thousands of arrests. Despite this reform effort, corruption continues to negatively influence the business environment. Companies are likely to experience
bribery
, political interference or
facilitation payments
when acquiring public services and dealing with the judicial system. The common practice of g
uanxi
is a custom for building connections and relationships based on gifts, banqueting, or small favours.
Guanxi
-related
gifts
can be considered bribery by foreign companies and by national and international anti-corruption laws. Companies are advised to carefully consider the type and value of gifts, the occasion, and the nature of the business relation.
China offers a comprehensive legal framework in both the public and private sectors to criminalise several corrupt practices such as facilitation payments,
money laundering
,
active
and
passive
bribery, and
gifts
. In line with the anti-corruption campaign, legislation is enforced. Anti-bribery laws target corporate and individual offenders. The
Criminal Law
covers criminal bribery offences, and the
Anti-Unfair Competition Law
focuses on commercial bribery. Punitive measures range from fines to capital punishment, depending on the severity of the case.
October 2015
GAN Integrity Solutions