2020年中国相关的美国执法情况概要回顾与风险提示

27 January 2021
随着中美陷入“新冷战”，2020年两国的经贸关系愈渐紧张。在美国国防部“共产党中国军队公司名单”、商务部“军事终端用户清单”及“实体清单”的多重限制下，中国部分涉军企业在美融资和供应链受到了重大冲击。此外，美国司法部针对中国企业和公民“窃取美国商业秘密”行为起诉的案件在过去一年间达到了38起，多家在中国设有子公司的跨国企业在面临美国司法部和证监会的指控后支付了巨额和解金，企业合规问题令人瞩目。
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“Salvation Lies Within” – Compliance Inspectors instead of Prosecutors

5 January 2021
China is on its way to build up a “system of compliance instead of prosecution”. Earlier in 2020, the Supreme Procuratorate designated 6 district procuratorates (including Shanghai, Shenzhen, Jiangsu Province and Shandong Province) to implement trial practices imposing compliance requirements as rectification on suspected private companies (vis-à-vis state-owned companies), refraining from approving arrests, charges or enforce substantial punishments on cooperative suspects meeting the set requirements.
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Brands Impacted by New Rules for Compliance of Promotional Sales Activities

5 January 2021
Special sales promotions such as “6.18” and “Double Eleven” have shown to be a very successful to encourage consumption on e-commerce platforms, and so it is not surprising that sales promotions have become an important means for international and domestic brands to expand sales in the Chinese market.
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《规范促销行为暂行规定》出台，对企业经营合规提出新要求

4 January 2021
促销作为拉动消费的新型方式，随着“6.18”“双十一”等促销季电商平台成交量的不断刷新，已经显现出对于消费的强大拉动效果。对于作为经营者的企业来说，促销已经成为了企业扩大销售量的重要手段。
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Tax Risks on Expatriates when Applying for Tax-free Rental Benefits

29 December 2020
Expatriates that live and work in China continue to enjoy certain privileges when it comes to individual income tax (IIT) on their income, namely tax-free deductions for The Chinese government has created these benefits to establish a favorable work environment for foreigners, which has contributed significantly to the Chinese economy's growth in recent decades. These […]
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企业独立监控人之萌芽与发展

14 December 2020
2020年8月28日，深圳市宝安区司法局发布了《关于企业刑事合规独立监控人选任及管理规定（试行）》（下称“规定”），主要内容涉及企业刑事合规独立监控人的资质条件、选任方式、流程和管理。
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China Continues to Enforce Compliance in Advertisements

3 November 2020
In recent weeks, Shanghai’s market supervision bureau (AMR) announced that it has penalized one of China’s leading domestic dairy companies, Bright Dairy & Food Co., Ltd., for an advertisement video on its website that did not show China’s “complete and correct territory” of China.
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China’s Company Chop System and Risks to Foreign Investors

1 September 2020
Since June 2020, a fight over the control of the China subsidiary of ARM, a leading semiconductor company, has centered around the possession of the company chop. ARM was reported to have fired its head of China, Allen Wu, who is still registered as the legal representative of ARM China. With control over the company chop and business licenses, Wu would seem to have a powerful weapon to use as a bargaining chip with ARM’s shareholders outside of China, even though there is no doubt he will eventually be removed from his position. How can physical possession of the company chop cause so much trouble for ARM’s shareholders?
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New Policies Impacting how Non-resident Companies Employ Beijing Staff

19 August 2020
Many international companies in China are based in one city, but may need to have employees based in another city. These employees will generally want social security in the place where they live and work, as this gives them crucial benefits in regard to medical care, schooling and housing. However, only locally-registered companies can make payments of social security premiums.
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Individual Income Tax (IIT) Deductions for Foreigners Working in China

To create a favorable working environment for foreigners, the Chinese government has rules on tax-free allowances applicable to foreigners working in Mainland China. All foreigners and their employers should be aware of these rules, to ensure that they do not pay more individual income tax (IIT) then they have to.
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