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China Anti-corruption Law ‘Broader in Scope than FCPA’

China-Flag2A record number of cross-border deals in China last year, by foreign companies using FCPA compliance, has provided a boost in trust for international buyers…

The unprecedented Merger and Acquisition buying spree of 201 foreign deals in China last year – up 20 on the previous year – increased in value by nearly 80% to $38bn year-on-year, according to Mergermarket.

The growth has fuelled a surge in Foreign Corrupt Practice Act (FCPA) compliance, the most-actively enforced anti-bribery law globally, to make it a top priority for foreign companies doing business in China. Kate Yin, a Beijing-based compliance lawyer with Fangda Partners – who recently produced a report on commercial bribery – says, as such, China’s anti-corruption laws are now actually broader in scope than the FCPA.

Aggressive anti-bribery enforcement by Chinese regulators has also added to the urgency for investors to uncover all anomalies within a target before closing a deal, she adds.

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