GIR Insight: Asia-Pacific Investigations Review 2020

Investigations in China have been undergoing a transformation in recent years as the rapidly changing commercial and legal environment in China and around the world have created a set of new regulatory and compliance challenges for multinational companies. As the Chinese economy and the ways that companies conduct business in China continue to evolve at a blazing pace, the Chinese legal system has also evolved as the Chinese government has promulgated a host of new laws and regulations.

Responding to these new legal and regulatory changes takes on increased urgency and importance for businesses in China due to the volatility of the political and economic relationship between China and the United States. While recent legal developments are not always explicitly connected to the ongoing trade dispute, the tense environment has influenced the release of new laws, regulations or law enforcement initiatives and strategies in both countries. The effect of these developments on the practice of investigations in China has been significant and is unlikely to fade even after the current trade tensions subside. Instead, companies are now operating in a ‘new normal’ in the context of investigations in China and will need to confront new types of compliance challenges while complying with stricter and more complex rules governing how to respond to, and how to conduct, investigations.

This article outlines this trend by summarising some recent legal developments both in China and the United States, and their impact on various aspects of investigations in China, as well as practical takeaways to help businesses adapt effectively to this ‘new normal’. 

To read the full article please download the document below.

This piece is an extract from the 2020 edition of Asia-Pacific Investigations Review. The whole publication is available at globalinvestigationsreview.com.