From June 6 to June 8, 2018, Mr. Liu Xiangwen and Gao jun, partners of Zhong Lun Law firm, were invited to the 11th Anti-Corruption Compliance in China Summit 2018 to deliver a speech, and severed as the Chairman of panel discussion, respectively.
On June 6, Mr. Liu Xiangwen, a senior partner of Zhong Lun, was invited to deliver a speech on “how to prevent compliance risk caused by employees’ behaviour under the new regulatory con text in China” in English. Mr. Liu analysed the new regulatory background and trends, and the new provisions on commercial bribery in the revised Anti- Unfair Competition Law of China. Mr. Liu then distinguished the bribe conducted by employees and the company from the perspective of Criminal Law of China and the Anti- Unfair Competition Law of China as well as the experiences across the Atlantic. Also, he made recommends on how to establish a compliance system to prevent compliance risk arising from employees’ behaviour.
In his speech, Mr. Liu analysed the purpose of commercial bribery, the distinctions between the counterparty and “employee of the counterparty”, and how to distinguish bribes offered by employees or by the company. Mr. Liu indicated that the new AUCL expanded the scope of commercial bribery recognition, so the transaction of value which has nothing to do with the specific purpose may be identified as "commercial bribery“ too; it is a progress for the new AUCL to remove of the “counterparty” from the evaluation scope of the new law. However, it may conflict with the crimes under the criminal law, and the effect of AUCL in the real world is still in controversial. Also, the distinctions between the behaviour of employee and the company can be very fine. However, the will of the enterprise can be determined by the implementation procedure, and the income ownership can be determined by analysing the initial benefits and residual benefits.
The lecture was highly recognized by the guests for it provided practical guidance on accurately understanding the changes in China's anti-commercial bribery regulatory policy and establishing an effective compliance system. In the Q&A section, Mr. Liu gave practical and straight answers to the guests’ questions.
On June 6, Mr. Gao Jun, a senior partner of Zhong Lun, hosted the panel discussion of the day. Conference guests delivered speeches concerning U.S. antitrust compliance, how to build a company culture with integrity, hot issues on anti-bribery which enterprises should pay attention to, and white collar and regulatory enforcement in Asia. Mr. Gao Jun made brilliant comments on the preceding speech and were highly recognized by the guests. Also, Mr. Gao had a panel discussion on Best Practices in Managing Regulatory and Internal Investigations in China with other panellists and shared excellent ideas.
Zhong Lun Law Firm has an outstanding team of lawyers in the compliance and regulatory practice field, including 22 partners (17 in domestic offices and 5 in cross-border offices) and over 100 professionals consisting of former prosecutors, former judges, former government officials (including public security, Administration of Industry and Commerce (AIC), National Development and Reform Commission (NDRC), customs, Quality supervision and Inspection and Quarantine，State Administration of Foreign Exchange (SAFE), environmental protection, tax, anti-trust, etc.), as well as attorneys, admitted in China and other jurisdictions, and former compliance officers of major Chinese and international corporations. By providing comprehensive services, which are tailored to clients’ needs, and by handling numerous high-profile cases initiated by both domestic and foreign authorities, Zhong Lun has established its position as a pioneer in this practice area. Zhong Lun was awarded as the top law firm of the year (on compliance/regulatory practice) in the year 2017-2018 by independent ranking agencies including China Business Law Journal, China Law & Practice, Asialaw Profiles, etc.