Tag Archives: corruption

Chinese SOEs Move to Enforce Anti-corruption Regulation Globally

In a news report published on January 3, the Financial Times raised fears about the extension of President Xi Jinping’s anti-corruption campaign to China’s state-owned MNCs operating abroad. Newer and much tougher anti-corruption measures will target commercial bribery, through the construction of stronger compliance systems within Chinese multinational corporations.

A group of state-owned MNCs including China Mobile, China Merchants Bank, China Railway, China National Petroleum Corporation, and Dongfang Electric has been selected by SASAC to implement the new compliance systems.

The FT article referenced “new regulations which went into effect on January 1”. From the article, however, it is not clear what these “new regulations” are, or which new compliance systems are being  created. This post sheds light on the matter, observing how the “new regulations” have created new classes of risks, which go well beyond commercial bribery.

These risks have been created by:

The Law Against Unfair Competition was amended on November 4, 2017, for the first time since 1993. The amendments went into effect on January 1. Most available commentaries have focussed on changes in provisions on commercial bribery, overlooking several risks. Most of these risks have emerged thanks to the creation of a social credit system.

From 1993 to January 1, 2018 several of the mechanisms mentioned in the first articles of the Law Against Unfair Competition were dead letter. In the absence of big data technology, and an adequate enforcement mechanism ‘fairness, honesty, credibility’ and the respect of ‘business ethics’ (art. 2) by Western and Chinese enterprises depended entirely on enterprises, and on their fidelity to their own ethical codes.

Today, ‘fairness, honesty, credibility’ and ‘business ethics’ can be quantified and measured. How these moral qualities are defined, quantified, and measured depends in part on social credit rules and indicators applicable to enterprises, and to specific industry sectors. In part, it depends on how amendments to the Law Against Unfair Competition will tie in with social credit mechanisms.

In the meantime, the amendments have:

  1. significantly broadened scope of anti-competitive practices
  2. introduced enterprises’ liability for perceived or actual violations of the rights and interests of Chinese and foreign consumers
  3. bestowed stronger powers on the central government
  4. attributed a stronger role to industry organizations
  5. provided a new and more comprehensive definition of commercial bribery, and introduced corporate liability for commercial bribery by employees
  6. introduced a more comprehensive definition of false advertising, which includes all forms of online advertising. Prohibited certain well-known online advertising practices, and SEO tactics
  7. introduced social credit as a mechanism to further punish unfair competition

Each one of these points is summarized and briefly commented upon below.

The regulatory document on compliance systems in SOEs touches upon such matters as the creation of discipline inspection organs and Party groups in Chinese multinational corporations in Europe, in the United States, in Africa, Latin America, and Australia. This document should be welcomed, because it brings corporate governance of China’s SOEs much closer to international CSR and anti-corruption standards.

As I have observed elsewhere, a core feature of corporate governance and CSR in China through big data is the central role played by Party organizations and by Party regulation…(1,259 words)

This content is for Gold members only.
Log In Register

[Document Summary] Opinions on Strenghtening Central Enterprises Overseas Corruption’s Risk Prevention and Control

This post provides a summary of the “Opinions on Strengthening Central Enterprises Overseas Corruption Risk Prevention and Control”, published by official Chinese sources. This document was issued in late December 2017, and its full text is not available yet.

This circumstance is entirely normal,  given how some of the provisions in the full-text version of this document may relate to the security of state-owned assets of the PRC.

The full-text of this document may or may not remain unpublished. Readers should be aware that Party documents which are not published in their entirety, and through a medium accessible to the public, may be covered by state secret. Those who disseminate them, or claim to have read them in their entirety, or to have attended closed-doors events discussing them, etc. expose themselves and others to risks of various kinds, regardless of the truthfulness of their claims. 

This content is for Bronze, Silver and Gold members only.
Log In Register

Special Feature: The 10 Most Pressing Issues in Social Credit Systems

As a special feature of the China Social Credit System Blog, this week leading scholars and experts from PennState, the Foundation for Law and International Affairs, and the Coalition for Peace and Ethics present their comments on the most pressing issues about social credit. These are questions of global relevance that deserve to be examined within a context beyond China, and the more limited field of area studies. An initial reflection on issues surrounding social credit in general, and the Chinese project on social credit, can be found on the ‘Law at the End of the Day’ Blog. This post elaborates and expands upon the views expressed therein.

This content is for Gold members only.
Log In Register