CHINA FIGHTING TRANSNATIONAL BRIBERY: CHINA’S GRADUAL APPROACH

ABSTRACT

The People’s Republic of China (PRC) adopted legislation in 2011 that criminalizes bribery of foreign public officials and officials of public international organizations, and which potentially joins China with the likes of the United States, United Kingdom and other countries

that invoke extraterritorial jurisdiction over various acts of bribery.

Despite the PRC’s current role as a leader in the global supply of transnational bribes (much of which would seem to be subject to this new law) and its international commitments under the United Nations Convention Against Corruption (UNCAC) to combat them, China’s foreign official bribery provision appears intentionally designed to be narrowly interpreted and weakly enforced.

The weak framework that governs China’s new bribery provision, highlighted by interpretational ambiguities and a limited investigative and enforcement mechanism, is reflective of a greater degree of tolerance toward foreign official bribery under current Chinese law, at least in comparison to other domestic PRC bribery laws.

Additionally, the new provision fails to encompass the full range of conduct intended to trigger criminal liability under UNCAC Article 16, and therefore falls short of true implementation.

Nevertheless, the foreign official bribery provision represents the PRC’s latest step in its gradual approach to fighting transnational bribery, and an addition to an overall framework that is developing increasing importance as corruption continues to become a defining issue that threatens the Chinese Communist Party’s legitimacy and monopoly on power in China.

SAMUEL R. GINTEL*