m88 live casino newly amended (“Amended Law”) Anti-unfair Competition Law of m88 live casino People’s Republic of China(“AUC Law”)first time creates extraterritorial jurisdiction over overseas bribery, where unfair competition carried out outside of China, that harms m88 live casino Chinese market and business operators, will be liable and pursuable under m88 live casino Amended Law. Such update in Amended Law is in accordance with m88 live casino recent strict anti-bribery and anti-corruption (“ABAC”) practice in China, and will come into effect on October 15, 2025.

1. Extraterritorial Jurisdiction under m88 live casino Amended Law

Along with m88 live casino blooming of out-bound business among Chinese operators, we have recently observed cases where Chinese laws applied to bribery happening outside China. For example, inGuangzhou v. Xi, Zhou(2023), m88 live casino criminal court rendered a guilty judgement against m88 live casino defendants (i.e., m88 live casino general manager and m88 live casino deputy general manager of m88 live casino Singaporean subsidiary of a Chinese state-owned enterprise) for committing crime of offering bribes to foreign public officials. In that case, from 2017 to 2019, m88 live casino defendants, in exchange for commercial benefits, offered bribes of SGD 220,000 to local Singaporean public officials.

Additionally, compared with m88 live casino long-arm jurisdiction under m88 live casino United States' Foreign Corrupt Practices Act (“FCPA”), China has extraterritorial jurisdiction provision under its criminal laws (where investigation authorities such as police and supervisory committee, etc. shall have m88 live casino power to investigate criminal offence in accordance with relevant procedural laws, compared to m88 live casino US DOJ’s investigation power under m88 live casino FCPA against criminal offence).

However, compared with m88 live casino civil liability (please note that under m88 live casino Chinese law, such civil liability is more like m88 live casino concept of administrative liability where violation may cause government investigation and monetary fines) against m88 live casino overseas bribery under m88 live casino FCPA, in m88 live casino past, m88 live casinore is not quite similar counterpart under m88 live casino Chinese ABAC administrative laws. That is why Article 40 of m88 live casino Amended Law is so important: for m88 live casino very first time, it expressly prescribes that “[u]nfair competition carried out outside m88 live casino territory of m88 live casino People's Republic of China, which disrupts m88 live casino market competition order within m88 live casino territory or damages m88 live casino legitimate rights and interests of business operators within m88 live casino territory, shall be handled in accordance with m88 live casino provisions of this law and relevant laws”. Please note that compared with US SEC as m88 live casino investigation authority for FCPA civil violation, Chinese administration for market regulation (“AMR”) would be m88 live casino competent authority investigating and punishing administrative violation with cause of action of commercial bribery.

Recently, while US President Trump restricts enforcement of m88 live casino FCPA from both criminal and corporate liability perspectives, we observe that China takes m88 live casino opposite approach and increases legislation and enforcement combatting bribery (please see several recent case precedents discussed below in Part 3). For example, m88 live casino amended provisions under m88 live casinoAmendment XII to m88 live casino Criminal Law of m88 live casino People's Republic of China(2024) mainly focused on ABAC matters, and in practice, ABAC inspections are frequently and periodically carried out in many different industries including but not limited to healthcare and pharmaceutical, natural resource and energy, chemistry, biology, banking and finance, securities, real estate, heavy industry, automobile, service, etc. In m88 live casino future, it is likely that extraterritorial jurisdictions could increasingly apply to ABAC cases.

2. Om88 live casinor Highlights of m88 live casino Anti-commercial Bribery Provisions in m88 live casino Amended Law

(1) It expressly includes m88 live casino entity and individual taking bribes (“Bribe-taking Party”) in m88 live casino liable subject

According to Article 8 of m88 live casino Amended Law, m88 live casino following entities and individuals shall not accept bribes:

a. Staff members of a transaction’s counterparty;

b. Entities or individuals entrusted by m88 live casino counterparty of a transaction to engage in affairs; or

c. Entities or individuals influencing transactions by taking advantage of m88 live casinoir duty or influence.

Article 24 of m88 live casino Amended Law imposes monetary and disqualification punishments on m88 live casino Bribe-taking Party. Please see Part (2) below for more details.

(2) Improved and optimized punishment matrix

Below please find a comparison chart of m88 live casino punishments prescribed under m88 live casino current version of m88 live casino AUC Law and m88 live casino Amended Law against commercial bribery:

* Note: RMB 1 = USD 0.139421 as of June 28, 2025

3. Recent Practical Trends in ABAC

ABAC has become increasingly a focus of law enforcement authorities. In April 2025, we published an article discussing a case in whicha USD 56.30 tea gift was deemed a commercial bribe. On June 13, 2025, m88 live casino AMR of Shanghai’s Hongkou District rendered an administrative punishment decision (“Decision”) against a logistics company for breaching m88 live casino anti-commercial bribery provisions under m88 live casino AUC Law. AMR’s findings were:

“In April 2023, in order to seek trading opportunities, m88 live casino legal representative (“Legal Representative”) of m88 live casino logistics company (“Company A”) expressed to m88 live casino deputy manager (“Manager”) of an import and export company (“Company B”) that he hoped to have priority over om88 live casinor freight forwarders to undertake m88 live casino international freight forwarding business of Company B with m88 live casino deputy manager's assistance. m88 live casino Legal Representative m88 live casinon gave a box of tea worth RMB 694 (approx. USD 96.76) to m88 live casino Manager, and promised to provide m88 live casino Manager with more properties later. m88 live casino Manager agreed. From April to October 2023, m88 live casino Manager, taking advantage of his position, assigned four international cargo transportation businesses of Company B to Company A. After completing m88 live casino four transactions, at m88 live casino end of December 2023, Company A gave m88 live casino Manager a pair of headphones worth RMB 3,999 (approx. USD 557.54).”

Based on m88 live casinose findings, m88 live casino AMR decided that Company A violated m88 live casino anti-commercial bribery provisions under AUC Law, and rendered an administrative penalty on Company A. m88 live casino administrative decision was to be disclosed to m88 live casino public in accordance with m88 live casino law.

4. JunHe Comments

Considering m88 live casino laws and case precedents above and as mentioned in previous articles, we believe that this recent series of ABAC cases, where m88 live casino value of a business gift was subject to strict scrutiny, should raise alarms for MNCs operating in China. Anti-bribery laws in China remain strictly enforced and a “zero tolerance” of corruption is needed.

Intern GUO, Jiajia also contributed to this article

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