在中国改革开放和全球化的背景下,越来越多的外国企业到中国进行商业活动,中国企业也越来越多在海外进行商业活动。外国企业在中国的商业活动和中国企业在海外的商业活动,不但需要遵守中国法律,还需要遵守外国法律。
近年来,美国监管机构按照美国反海外腐败法(Foreign Corrupt Practices Act,简称“FCPA“)在全球进行的执法活动引起了高度关注。Avon、Bristol-Myers Squibb、Mead Johnson Nutrition、GlaxoSmithKline、Eli Lilly等国际知名企业,由于在中国违反FCPA,受到了美国证监会的高额处罚或调查,其中Avon的罚金额度高达13500万美元。FCPA的法律服务已成为涉外法律服务的热点,这也契合我国政府反腐倡廉的政策举措。
我们希望通过此次活动,一方面可以增加当地涉外律师对FCPA的了解,另一方面也有助于当地涉外律师为客户提供更全面的法律服务。
In the context of China’s reform & opening-up and globalization, an increasing number of foreign companies have been engaged in business activities in China, and meanwhile more and more Chinese companies have conducted business overseas. For foreign companies doing business in China and Chinese enterprises doing business overseas, they not only have to abide by Chinese laws but also have to comply with foreign laws.
In recent years, the enforcement activities by U.S. regulatory agencies in accordance with US Foreign Corrupt Practices Act (FCPA) have attracted great public attention. Avon、Bristol-Myers Squibb、Mead Johnson Nutrition、GlaxoSmithKline、Eli Lilly and other International famous enterprises have been heavily fined or investigated by the U.S. Securities and Exchange Commission (“SEC”), and the fine imposed on Avon by U.S. SEC has been as high as $135 million. The legal services under FCPA have been a hot topic in international legal practices, and also squarely fit with the anti-corruption initiatives by our government.
We hope that the FCPA event can not only improve the understanding of FCPA by local lawyers specialized in handling foreign-related legal matters, but also help them to provide a more comprehensive legal services for their clients.