FCPA and Anti-bribery

JunHe has a thorough understanding of PRC anti-corruption laws and enforcement practices along with in-depth knowledge of the U.S. Foreign Corrupt Practice Act (FCPA). The firm has provided legal services to leading multinational corporations around the world, including Fortune Global 500 companies. Our lawyers have advised or represented clients in one-third of the world’s 50 landmark FCPA cases, and assisted clients in investigations before the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and relevant Chinese regulators. JunHe regularly assists clients in identifying and controlling their corruption and FCPA risks, and guides clients through complex legal and regulatory challenges, to mitigate any impact on their business operations and reduce or prevent reputational and commercial damages.

Legal Services Provided by JunHe

FCPA and anti-corruption due diligence

  • Conducting due diligence on targets during material transactions, to mitigate any potential liability and legal risks that buyers, their directors and their officers may face;

  • Advising on disclosures and solutions for transactions, including preparing due diligence checklists and questionaries, drafting transaction documents, etc.;

  • Conducting due diligence on prospective agents, advisors, suppliers, distributors and joint venture partners;

  • Identifying transaction risks in multiple jurisdictions, especially in high-risk countries;

  • Performing FCPA and anti-corruption reviews to ensure continuous compliance after the completion of transactions.

FCPA and anti-corruption violation investigations

  • Conducting internal compliance and special audits;

  • Investigating and collecting evidence on suspected misconduct, and providing analysis and legal advice on all aspects of FCPA and anti-corruption compliance;

  • Offering countermeasure strategies to minimize administrative or litigation risks.

Regulatory countermeasures

  • Developing strategies for countermeasures against FCPA investigations and inquiries into the business operations of U.S. companies in China;

  • Developing comprehensive and multi-jurisdictional strategies for defending against investigations by local and national governments;

  • Assisting or representing clients in communications with governmental authorities to help lessen any fines or penalties that may be imposed;

  • Developing and implementing public relation plans to maintain the reputation of clients.

Compliance strategies and solutions

  • Preparing compliance schemes to strengthen compliance management and mitigate compliance risks;

  • Conducting compliance reviews and audits on clients’ business and transactions, and delivering practical solutions;

  • Providing compliance training for clients, and developing sound contract drafting, internal management systems and SOPs to improve compliance awareness in the ordinary course of business.

Recent Representative Cases

Advised a large state-owned enterprise on cross-border compliance in a joint venture project

We advised a large state-owned enterprise in a joint venture project. We analyzed the complex legal issues related to the FCPA and long-arm jurisdiction that were involved in the project, accurately identified the legal risks and provided appropriate legal advice. We assisted the client in the arduous and thorough negotiation with the foreign party and its U.S. legal counsel regarding the anti-corruption and compliance documents and clauses. We formulated a joint venture plan tailored to the client's needs, caught up with the time node of the transaction as requested by the group company and within a limited period of time, conducted in-depth due diligence on the client’s existing compliance system and internal policies. We assisted in establishing a compliance system and institutional framework covering anti-bribery and anti-corruption matters according to international practices and standards and ultimately assisted the company in achieving cross-border compliance while adhering to the bottom line of the Chinese laws and politics.

Represented a globally well-known enterprise in the printing industry in a comprehensive cross-border compliance investigation related to FCPA

We represented a globally well-known enterprise in the printing industry in a cross-border investigation related to FCPA. We not only led all work related to PRC legal issues, but also represented the client in responding to the requirements and challenges posed by foreign government regulators and parties involved in the case. During the internal investigation process, we led and coordinated with U.S. law firms to assist the client in dealing with various crises and issues, including improper disclosure by disgruntled former employees, media exposure, raid inspections by local government, national security, cross-border information transmission and international mutual legal assistance issues.

Represented a Chinese central SOE in an FCPA investigation and judicial proceedings before a foreign government

We guided a Chinese central SOE through all aspects of an FCPA investigation and judicial proceeding before a foreign government, and addressed the legal issues that had arisen under the jurisdictions of China and the U.S. We engaged in a number of communications with both the Chinese and the U.S. governments, and led and coordinated multiple U.S. law firms. After many years of effort, we assisted the client to fulfil procedural requirements under U.S. law and adhere to the political bottom line for a Chinese company.