Compliance & Government Regulatory: Government Enforcement, Anti-Corruption, Data Protection,Customs and Trade Compliance_Practices

Practices

Compliance & Government Regulatory: Government Enforcement, Anti-Corruption, Data Protection,Customs and Trade Compliance

The complex and constantly changing regulatory environment is one of the biggest challenges for businesses both in China and abroad. Fangda has extensive experience advising clients on regulatory compliance. Our local expertise and global vision enable us to provide our clients with insightful opinions on compliance issues under PRC law and on cross-border compliance issues. This includes providing compliance and regulatory reviews, undertaking investigations, dealing with government agencies, representing clients in administrative hearings and appeals, as well as in related litigation, and advising clients on comprehensive compliance programs and complex issues.

Our clients from several industries benefit from our well-established working relationships with the regulatory authorities in Chinese Mainland and Hong Kong SAR at both central and local levels. Some of our lawyers are former regulators or procurators, which enables us to provide unique and insightful advice and assistance. Most of our lawyers have both extensive domestic practice experience and solid international backgrounds, and are familiar with the complex and constantly changing global regulatory environment. This enables us to provide full-scale regulatory compliance services for Chinese companies going global to protect their global business from compliance risks.

Full-Scale Regulatory Compliance Practice

Anti-Bribery and Corruption

We have extensive experience representing both MNCs and domestic Chinese companies in providing a full range of anti-bribery and anti-corruption services, including establishing compliance policies, advising on and implementing compliance programs, conducting internal investigations, evaluating and resolving business model compliance risk assessments, as well as handling government investigations and other contentious matters.
Anti-Money Laundering

Our anti-money laundering practice provides legal and regulatory advice to all types of financial institutions and non-financial businesses with respect to compliance with anti-money laundering laws.
Antitrust

Clients benefit from our deep interactions with China’s competition authority, on quantity as well as complexity, allowing us to provide insight where guidance might otherwise be lacking.
Data Protection, Privacy Protection and Cybersecurity
Fangda is at the forefront in the legal market in the fields of cybersecurity, personal information and privacy protection, important data and sensitive data review, data compliance due diligence for IPOs, investment and financing projects, compliance programs, cybersecurity review, litigation and government enforcement response related to personal information, privacy and cyber security, online content moderation, non-personal data related advisory, regulatory compliance and ethics issues related to artificial intelligence and robotics.

We have extensive experience in providing data protection and cybersecurity-related services to clients in a wide range of industries, including e-commerce, finance, cloud computing, life sciences and AI, consumer retail, electronic retail, consulting, online gaming, hospitality, aviation, logistics, automotive, semiconductors, energy, and advertising, among many others. We are able to provide comprehensive data compliance and cybersecurity compliance services, as well as dispute resolution capability, in the Greater China region (including Mainland China, and the Hong Kong and Macao Special Administrative Regions).

Fangda has a dedicated team of lawyers who are full-time engaged in data protection and cybersecurity practice in Mainland China and Hong Kong Special Administrative Regions, with lawyers based in our Beijing, Shanghai, Guangzhou, Shenzhen, Nanjing and Hong Kong offices. As legal experts in China’s data protection and cybersecurity laws, our lawyers are regularly called upon to consult in the formulation of national standards and guidelines. We have a deep understanding of the legislative history and intent and enforcement of Chinese regulatory authorities in this field, as well as considerable practical knowledge of the challenges and difficulties in implementation of compliance.

We are fully conversant with major international privacy and data protection legislation, including the GDPR, EU AI Act, CCPA/CPRA, COPPA (United States), PDPO (Hong Kong), and personal information protection laws across Asia-Pacific jurisdictions. We also maintain regular dialogue with regulatory authorities across multiple jurisdictions regarding data protection laws and international standards. Through our cutting-edge comparative research on global data protection frameworks, we develop precise interpretations of legislative intention to deliver pragmatic, operationally viable legal advice to clients. We are one of the few teams in the Greater China region that can handle personal information protection and privacy-related issues from a global perspective.

Our Services include:
- Data compliance and cyber security systems, compliance, advisory and audit
- Dispute Resolution and Regulatory Response
- Data breach management and crisis response
- Data compliance and cybersecurity review for domestic and overseas listing
- Data compliance due diligence for investment and financing, M&A projects
- Personal information cross-border compliance services and compliance analysis in responses to overseas requests for data
- Overseas data compliance and compliance
Export Controls and Sanctions
Fangda is one of the few Chinese law firms capable of offering practical advice on sanctions and export control matters. We advise both domestic and international clients on sanctions and export control regimes of the U.S., EU, China, and other jurisdictions. We have a dedicated team of lawyers specializing in sanctions and export controls, who have studied at top law schools in China, Europe and the U.S., and have extensive working experience in international law firms, legal departments of multinational corporations and regulatory authorities. The team also includes lawyers with long careers in government, as well as professionals who have served as corporate compliance officers in leading global companies. This enables us to integrate international regulatory perspectives with local practices to provide practical legal advice and risk prevention and control solutions.

With exemplary legal skills, extensive industry experience and well-informed international vision, we have long provided legal support to Chinese enterprises going global and foreign companies and financial institutions operating in China. We have the knowhow to help our clients navigate their way through the increasingly complex and volatile global compliance environment.

Our services cover the full lifecycle of sanctions and export controls, including:
- identifying and analyzing export control restrictions and compliance obligations on products and technologies, and assessing whether specific transactions or business arrangements pose a risk of violating sanctions or export control regulations
- assisting our clients in responding to sanctions and export control list-related matters
- conducting due diligence and reviews in relation to sanctions and export control matters in M&A, investment & financing, supply chain, and collaborative R&D
- assisting companies in establishing a sanctions and export control compliance system covering organizational structure, institutional processes, personnel management, and internal review mechanisms
- formulating response strategies and coordinating domestic and foreign legal resources to provide integrated support in investigations, enforcement or inquiries by overseas regulatory authorities
We also provide clients with customized training and industry analysis on a regular basis to help their management and business departments keep abreast of the latest regulatory developments and industry trends, and to enhance their overall compliance awareness and response capabilities.

Fangda maintains long-term cooperation with top-tier law firms in many major economies around the world, and is able to quickly set up multijurisdictional collaborative service teams that best match clients' specific needs, providing truly "end-to-end" cross-border compliance solutions. No matter which industry or market in which our clients operate, we are able to customize a pragmatic and efficient compliance approach.

We have a strong team of experienced lawyers in this specialist field and have advised numerous Fortune 500 companies, industry leaders and high-growth innovative companies across many sectors such as semiconductors, artificial intelligence, automotive & autonomous driving, high-end manufacturing, finance, internet, cross-border logistics, pharmaceuticals, chemicals and advanced materials. We go the extra mile to win the trust of our clients with whom we endeavor to establish long-term relationships that genuinely assist them in their business.
Customs and Tariffs

Customs and trade compliance hasbecome increasingly complex and multifaceted. Those who do not comply facepotential significant legal liabilities and, at worst, a threat to theirbusiness operations.
Fangda has extensive experience inhandling customs and trade matters for multinational corporations and localChinese enterprises. We have representedleading companies in various industries, including chip design andmanufacturing, software, cross-border e-commerce, supply chain, automotive,equipment, manufacturing, food and cosmetics. That makes us particularlyexperienced in these sectors.
Our customs and trade complianceservices encompass advice on tariff and country of origin, dealing with customsaudits, administrative penalties, smuggling and other customs enforcementcases, as well as providing general legal advice and helping our clients to setup robust internal customs compliance processes.
We provide outbound Chinesecompanies with comprehensive customs and tariff-related legal services,safeguarding their worldwide operations. We have established a trusted,top-tier cooperation network with the best law firms in all major jurisdictionsto ensure that we provide a service to our clients wherever they trade orinvest.
White-Collar Crime and Corporate Crime

We have many experienced lawyers specializing in white-collar crime and corporate crime. Our team also includes former judges and former prosecutors who have decades of work experience. We are experienced in all stages from the investigation of potential wrongdoing to judicial proceedings. We have successfully persuaded the PSB to investigate and prosecute implicated individuals as well as helping public companies respond to criminal and administrative investigations.
Administrative Law Enforcement and Litigation

Our team includes highly-regarded former member of the Committee of Administrative Reconsiderations and former regulators, who have unique insights into administrative enforcement measures. We often help Chinese companies and MNCs communicate with government agencies on regulatory issues, respond to administrative inspections and investigations, manage crises, and represent clients in administrative hearings, reconsideration and litigation procedures.
Going Global Compliance

We have helped Chinese clients identify areas of compliance risk based on their business nature and regulatory risk profile of the country in which they operate. We provide one-stop service for our clients in various fields, such as anti-corruption, antitrust, data protection, export controls/sanctions and anti-money laundering.
Multilateral Development Bank Compliance and Sanctions

As a result of our deep experience in advising and representing manyclients in the field of integrity compliance for almost a decade, Fangda is oneof the very few PRC law firms that has been recognized by the World Bank andretained as legal advisor for our expertise in integrity compliance. We havebeen appointed as an independent Integrity Compliance Consultant by the World Bank and the African Development Bank, and we are responsible for supervising the build-up and implementation of compliance management systems by sanctioned companies, advising on their compliance management systems, and communicating with the relevant integrity compliance office of multilateral banks.

In addition to our experience of serving as an Integrity Compliance Expert/Consultant in connection with multilateral development bank sanctions,our team members also have considerable experience in serving as counsel oracting as independent investigators in connection with multilateral developmentbank sanctions. Our team members have renowned expertise in helping clients to respond to multilateral bank investigations and external audits, and to establish and improve their compliance management systems.
Environmental, Social and Governance (ESG)

Fangda has the subject matter expertise in each niche area under the general conceptof “ESG”, which in the broadest sense covers environmental, social and governance issues. To help our clients navigate through the complex and rapidly evolving ESG landscape in China, we take a holistic approach.

Recognition

"Highly respected team with a deep bench, acting on various corporate investigations and anti-corruption matters. Highlighted for its experience in U.S. Foreign Corrupt Practices Act (FCPA) and Securities and Futures Commission investigations as well as compliance work. Enviable client list includes large foreign corporations and domestic entities from a number of sectors, such as TMT, pharmaceutical, manufacturing, financial and automotive, as well as high-profile individuals. Clients benefit from its experience in compliance training and designing compliance programmes and policies. Fields a group of specialists equipped with previous enforcement or prosecution experience to offer government enforcement advice. Regularly handles instructions in relation to criminal investigations and proceedings. "

Chambers Asia-Pacific

Notable Matters

Our team has advised many global leaders in a wide range of sectors, including the life sciences, TMT and finance sectors in complex and challenging matters, including advising, assisting, defending or representing:

Anti-Bribery and Corruption
Data Privacy, Cybersecurity and State Secrecy
Export Controls and Sanctions
Customs & Tariffs
White-Collar Crime and Corporate Crime
Administrative Law Enforcement and Litigation
Securities Compliance
Environmental Protection
Global Compliance

Anti-bribery and corruption is one of our deepest areas of expertise. We have extensive experience representing both MNCs and domestic companies in providing a full range of anti-bribery and anti-corruption services, including establishing compliance policies, advising on and implementing compliance programs, conducting internal investigations, and evaluating and resolving business model compliance risk assessments, as well as handling government investigations and other contentious matters.

A leading U.S. MNC in the technology sector in handling a criminal investigation by the Chinese Procuratorate and internal investigations relating to potential violations of the FCPA, Chinese commercial bribery laws and accounting fraud involving third parties. In recognition of the client’s thorough investigation and full cooperation, both the Procuratorate and the U.S. Department of Justice (DOJ) declined prosecution.
A world-leading coating supplier in conducting an internal investigation on potential corruption involving third parties in China which led to the client’s global self-disclosure.
A well-known energy company in a criminal enforcement case initiated by the Indian Central Bureau of Investigation (CBI) on suspected bribery of Indian government officials by its Chinese subsidiary and conducting an internal investigation based on the U.S. FCPA and PRC anti-commercial bribery laws.
A Chinese SOE in response to an investigation initiated by the government of Pakistan, resulting in no penalties for the client.
A China-based, U.S.-listed company and its subsidiaries in their anti-corruption/FCPA due diligence in connection with their multibillion U.S. dollar investments in China for their multibillion-dollar investments in a wide range of industries.
Several private equity firms on their anti-corruption compliance due diligence.
A Fortune 500 company in an investigation by Shanghai AIC concerning commercial bribery, in which we successfully caused the case escalated to the state AIC and had the AIC abandon further investigation.
A leading MNC in a regulatory investigation by the Shanghai AIC relating to potential violations of Chinese commercial bribery and anti-trust laws. We persuaded the regulatory authority not to impose any punishment.
A Hong Kong-listed company (with its majority shareholder being a U.S.-listed MNC) in an internal investigation into its PRC subsidiary relating to a complex scheme of employee’s misconduct and representing the company in regulatory investigations and inquiries by Hong Kong and the U.S. governments; and assisting the company to establish a comprehensive compliance program to mitigate risks identified in the investigations.

Fangda is a leading PRC law firm advising clients on data privacy, cybersecurity, state secrecy and related data compliance. Our areas of expertise include helping clients build global and China-specific data protection programs, implementing the program, establishing third party management, conducting data privacy due diligence, and advising clients on challenging data privacy issues arising from business operations.

A well-known China-based company in establishing and improving its global data compliance system, establishing a global data network and operating mechanism (such as data localization and cross-border transfer, among other practices), advising on various data issues relating to products and services in the global markets, assisting it to deal with various global emergencies (such as data leaks, government investigations and inquiries) and conducting data compliance due diligence in various investments, and responding to comprehensive data compliance reviews by business partners, such as Facebook.
A number of well-known MNCs and Chinese companies (in the AI, big data, automotive and transportation, entertainment, life sciences, e-commerce, consumer product, and manufacturing sectors) in data mapping, gap analysis, and establishing data compliance programs; advising on a series of complex legal issues, such as internal data security management, third-party data cooperation, cross-border data transfer, important data identification, and data localization.
A number of companies in responding to data breaches and managing the crises, including filing data breach reports, communicating with a number of regulatory agencies, notifying personal information subjects and handling complaints from personal information subjects, managing media disclosure and tracking public opinion, assisting the companies in filling criminal cases and taking remedial measures.
A leading hotel management company in the criminal litigation and an investigation initiated by multiple Chinese law enforcement authorities in connection with alleged cybersecurity law violation. We successfully persuaded the Public Security Bureau (PSB) to withdraw the criminal case and achieved a positive result for the other investigation.
A fintech company in a criminal investigation conducted by the PSB and assisting the client in improving its compliance program. The investigation was caused by suspected infringement of personal information by one of the client’s business partners. The PSB dropped the investigation.
A China-based media company in a case involving several executives and employees suspected of infringing citizens’ personal information; and assisting the client in reviewing its business models and providing regular data consulting services in relation to its data products. The executives and employees all successfully obtained bail.
A Chinese state-owned airline on data compliance matters, including data-related dispute resolution, extraterritorial application of laws and emergency response.
A China-based, U.S.-listed company in its data compliance due diligence for a potential investment of a logistics group and its post-merger compliance integration. The due diligence was conducted based on PRC data protection laws and the GDPR.
A Chinese company on its data compliance due diligence in connection with its IPO in Hong Kong.
A number of Chinese companies and MNCs to evaluate the risk of cross-border data transfers; advising the best transfer solutions under various scenarios.
A number of companies in managing dozens of state secrecy review projects in connection with the audit work papers requested by the U.S. Securities and Exchange Commission (SEC) as well as Hong Kong Securities and Futures Commission (SFC).
Big Four accounting firms on state secrecy and data privacy relating to audit work papers and the mechanism of cross-border securities investigations.

Benefiting from close cooperation with leading global firms, our team is one of the few PRC firms that are able to provide practical advice on export controls and sanctions-related matters. Our services range from the defense of criminal and administrative enforcement by the Chinese government and foreign enforcement agencies in cooperation with foreign counsels to building compliance programs and conducting compliance due diligence.

A Chinese high-tech company in its negotiation with the U.S. Department of Commerce (DOC) and dealing with procedures of removal from the Bureau of Industry and Security (BIS) entity list.
A large port company in assessment and inspection of its sanction risks and assisting in establishing a compliance system.
An international shipping company on sanctions and export control-related issues for its international shipping and port operations in relation to Iran and North Korea sanctions, and assisting in establishing a sanctions and export control compliance system.
A well-known Chinese submarine fiber optic cable company on sanctions issues relating to its operations in the Middle East.
A leading Chinese automobile manufacturing company on its sanctions risks related to its business in Venezuela.
A number of Chinese chip manufacturers on U.S. export control issues, including providing analysis of whether their products, technology or parts are subject to U.S. export control laws.
A Chinese investment management company on U.S. export control issues for its proposed investment project.
A Chinese asset management company on whether its joint scientific research project with a university might be subject to U.S. export control.
A number of Chinese companies and MNCs on legal issues relating to sanctions and export controls.

Customs & Tariff Legal Servicesfor M&A and IPO

Represented a global heritage food company in providing Chinacustoms and law due-diligence services in connection with its acquisition of aworld-renowned food company’s niche-product line.
Represented a North American leader in liquid packaging inpost-closing legal services after the divestiture of its PRC subsidiary.
Act for leading logistics providers, multinational manufacturers,energy & mining groups and other major importers/exporters on customs-lawissues arising from M&A transactions, delivering targeted advice andend-to-end solutions.
Represented a listed A-share company in conducting due diligence onlegacy inbound/outbound postal packet issues and preparing for potentialregulatory enquiries.
Advised multiple export-oriented, cross-border e-commerce companiespreparing for IPOs on material customs exposures and assisted in relateddue-diligence reviews.

Adviceon tariffs, country of origin, cross-border e-commerce and customs valuation

Advised a Japanese multinational on the legal and compliance aspectsof its China-bound export business model and drafted a step-by-step customs clearanceroadmap.
Advised a leading Chinese logistics provider on the feasibility of anew self-operated customs clearance model, delivering practical solutions forevery implementation issue.
Counseled several multinationals on China’srules of origin and on exclusion procedures for retaliatory tariffs in thetrade war context.
Successfully represented a premier European lighting company in atariff classification dispute, persuading Customs to accept the client’s proposed classification.
Provided customs valuation advice to an Israeli trading company ontransfer pricing structures and royalty payments.
Represented a Chinese computer manufacturer in a customs valuationproceeding.
Represented a German trading company in transfer pricing-relatedcustoms valuation matters.
Assisted a foreign-invested China factory in conducting an internalreview of self-discovered misclassifications of imported and exported goods,designed the self-inspection program and carried out the pre-voluntary disclosurerisk assessment.

Inspection & Quarantine

Advised a medical devices and healthcare company on the inspection andquarantine rules and practical requirements for establishing a PRC laboratorythat will handle biological samples and human genetic materials.
Advised a leading Chinese restaurant group on the inspection and quarantinerequirements for frozen beef imported from Central and Latin America.
Advised a major domestic agriproducts integrator on the inspection andquarantine requirements for produce imported from France.
Routinely counsel food, cosmetics, medical devices andpharmaceutical companies on inspection and quarantine-related licenses,importer/exporter qualifications and other regulatory prerequisites forimporting reagents, quality control substances and other sensitive products.

Logistic and Cross-border E-commerce

Conducted a multijurisdictional compliance diagnostic for a leadinglogistics provider covering trade, import/export, customs and cross-bordere-commerce, then drafted tailored compliance policies and aneffectiveness-review framework.
Advised a world-renowned bathroom fixtures manufacturer on theregulatory feasibility of launching cross-border B2C exports via the Lazadaplatform, delivering an end-to-end implementation package covering customsdeclarations, export VAT rebates, courier logistics and cross-border payments.
Advised a Shenzhen-based consumer electronics innovator on customscompliance for overseas e-platform sales, including export declarations, VATrebates, express logistics and cross-border remittances.
Evaluated the compliance profile of a proposed China-basedcross-border B2C import model for a US health product direct seller anddelivered a step-by-step rollout roadmap.
Represented a global dairy giant in structuring 9610 and 1210 bondedimport channels for milk products through third-party cross-border logisticsproviders.
Represented a US health supplement company in a criminal enforcementaction alleging domestic resale of cross-border e-commerce goods, securing fullexemption from corporate liability.
Advised one of the world’s largestmass-market skincare producers in the criminal investigation opened by aGuangdong subordinate customs anti-smuggling bureau into 1210-mode cosmeticimports by its China joint venture, achieving a closed case without charges.

“Going global” Cases

Delivered a US non-preferential origin analysis for cable productsmanufactured by a leading clean energy company.
Conducted a US non-preferential origin assessment for large-formatprinting equipment produced by a high-end smart equipment maker and filed abinding origin ruling request with US Customs and Border Protection.
Advised an advanced domestic intelligent manufacturing group on theUS “232” steel and aluminumtariff regime.
Counseled a top-tier Chinese industrial producer on the USChina-specific “301” exclusionprocess.
Assisted a domestic company in responding to a joint enforcementaction by US Customs and Border Protection and the US Department of Justicealleging undervaluation of imported goods.

Voluntary Disclosure and Customs AdministrativePenalty Cases

Represented a multinational high-tech manufacturer in a customsaudit, challenging the accuracy of its imported equipment classification andassisted in resolving the tariff code dispute.
Represented a world-leading energy company in a China customsspecial audit focused on its transfer pricing arrangements.
Represented a global cosmetics house in an administrative penaltyinvestigation arising from alleged underdeclaration of import prices forcosmetic products.
Represented a multinational heating-and-cooling equipment group in acustoms valuation and transfer pricing inquiry concerning cross-border-related partysales and royalty payments made by its wholly-owned China subsidiary.
Represented a premium industrial equipment conglomerate in a customsinvestigation into freight and insurance declarations made during the COVID19period, guiding the client through the entire process.

Defense Services in Criminal Offenseof Smuggling

Represented a leading German consumer goods company in a criminalsmuggling investigation alleging under-declaration of import prices; secured anon-prosecution decision from the People’sProcuratorate.
Represented the head of China procurement for a prominent Europeandaily goods manufacturer in a criminal investigation for alleged smuggling ofordinary goods, obtaining a favorable sentence for the client.
Defended a Canadian cinema systems manufacturer in a criminal caseinvolving undervaluation of imported goods, achieving a markedly reducedpenalty for the client.
Represented the Chinese joint venture of a world-renowned cosmeticsgroup in a criminal case involving alleged smuggling through cross-bordere-commerce channels, delivering a result acceptable to the client.
Represented a well-known entrepreneur as defense counsel in acriminal case involving alleged diamond smuggling; the Procuratorate ultimatelydeclined to prosecute and dismissed the case.
Represented a cross-border e-commerce cosmetics company in acriminal enforcement action for alleged domestic resale, ultimately securingfull exemption from corporate liability.

We have many experienced lawyers specializing in white-collar crime and corporate crime. Our team also includes former judges and former prosecutors who have decades of work experience. We are experienced in all stages from the investigation of potential wrongdoing to judicial proceedings. We have successfully persuaded the PSB to investigate and prosecute implicated individuals as well as helping public companies respond to criminal and administrative investigations.

A China-based media company in a case involving several executives and employees suspected of infringing citizens’ personal information; and assisting the client in reviewing its business models and providing regular data consulting services in relation to its data products. The executives and employees all successfully obtained bail.

A high-profile investment banker in a criminal investigation of suspected financial fraud initiated by the PSB, involving hundreds of thousands of investors, with approximately RMB100 billion allegedly stolen.

A leading venture fund in a money-laundering criminal investigation by the PSB. We were able successfully to argue that two partners should be put on probation.
A leading real estate company in an internal investigation of embezzlement involving a company executive, and reporting the implicated company executive to the PSB. As a result of our advice, the executive returned more than RMB10 million to the company.

A leading technology company in criminal proceedings and civil litigation involving data breach and trade secret infringement.

A president of an Internet technology company in Shanghai’s first criminal case for the suspected crime of opening a casino.

A leading FMCG company against the smuggling charge relating to the import price under-declaration.
A subsidiary of a well-known cinema equipment company against an alleged smuggling charge.
A bitcoin trading platform in its internal investigation of potential data theft, and assisting the client to file a criminal case.
A pharmaceutical company in response to a PSB investigation of fake fapiao purchases involving more than 40 employees of the company.

A world-leading elevator manufacturer in its internal investigations, including advising on a criminal case filing, among other issues.
A leading venture capital fund in responding to criminal charges by the PSB for alleged anti-money laundering violations. The client was sentenced to probation and released.
A leading U.S. MNC in the technology sector in handling a criminal investigation by the Chinese Procuratorate and internal investigations relating to potential violations of the FCPA, Chinese commercial bribery laws and accounting fraud involving third parties. In recognition of the client’s thorough investigation and full cooperation, both the Procuratorate and the DOJ declined prosecution.

A leading hotel management company in the criminal litigation and an investigation initiated by multiple Chinese law enforcement authorities in connection with alleged cybersecurity law violation. We successfully persuaded the PSB to withdraw the criminal case and achieved a positive result for the other investigation.

We have extensive experience in dealing with administrative law enforcement and administrative dispute resolution. Our team includes highly-regarded former member of the Committee of Administrative Reconsiderations and former regulators, who have unique insights into administrative enforcement measures. We often help Chinese companies and MNCs communicate with government agencies on regulatory issues, respond to administrative inspections and investigations, manage crises, and represent clients in administrative hearings, reconsideration and litigation procedures. We have handled a large number of complex administrative enforcement cases relating to anti-commercial bribery, financial and securities compliance, cyber security, environmental protection, dangerous goods management, customs, advertisement, product quality, food safety, real estate expropriation and compensation, and urban and rural planning, among other issues.

A Fortune 50 company in its various investigations by the Market Regulation Administration (MRA), internal investigations, terminating high-risk third party and other post-investigation dispute cases.
An MNC in an investigation by the National Security Bureau. Neither the client nor the executive was penalized.
A world-leading coating supplier to settle an investigation by the Tax Bureau and conducting an internal investigation on potential fraud involving third parties in China, resulting in no administrative penalties for the client.
A leading hotel management company in the criminal litigation and an investigation initiated by multiple Chinese law enforcement authorities in connection with alleged cybersecurity law violation. We successfully persuaded the Public Security Bureau (PSB) to withdraw the criminal case and achieved a positive result for the other investigations.
A leading U.S.-based MNC in a regulatory investigation by the Shanghai Administration for Industry and Commerce relating to potential violations of Chinese commercial bribery and anti-trust laws, which ultimately resulted in no administrative penalties.
A leading commercial trading company investigated by a local Administration for Market Regulation (AMR) for alleged violation of Chinese Advertisement Laws.
A well-known foreign bank in the regulatory and criminal investigations initiated by the CBRC and the PSB for the alleged misconduct of a former employee.
A number of companies in administrative enforcement by the PSB, AMR and other administrative agencies, which ultimately resulted in no administrative penalties.
A Fortune 500 company in an investigation by the Shanghai AIC concerning commercial bribery, in which we successfully caused the case escalated to the state AIC and had the AIC abandon further investigation.
An MNC in a government investigation involving alleged environmental pollution, negotiating soil remediation and land disposal, and representing the client in related litigations.
Senior management of an investment bank in a joint investigation initiated by the Hong Kong SFC and the DOJ and won a favorable result for the client.

We have extensive experience in handling administrative investigations conducted by the CSRC and criminal investigations involving potential securities rule violations, as well as negotiating for settlement with the CSRC. Our areas of expertise include handling all kinds of complex securities enforcement cases involving improper information disclosure, insider trading, market manipulation, and professional liability of third party agents. We are also experienced in handling securities civil lawsuits such as false representations.

A well-known fund company in handling administrative and criminal investigations by the PSB and the China Securities Regulatory Commission (CSRC) on suspected securities violations.
An international accounting firm in handling the administrative investigation by the CSRC on the professional responsibilities of professional institutions and their personnel.
An independent director of a listed company in handling the administrative investigation by the CSRC on suspected insider trading.
A legal representative of a listed company in handling a criminal investigation and prosecution for suspected illegal information disclosure; and providing legal opinions. The prosecutors decided to drop the charges against the client.
A listed company in handling the administrative investigation by the CSRC on suspected illegal information disclosure.
A fund company executive in handling the administrative investigation by the CSRC on suspected “rat trading”.
An executive director of a PRC-listed company on an inquiry by the CSRC and the PSB relating to potential insider trading and market manipulation activities.

A U.S.-listed Chinese multinational conglomerate in a probe initiated by the SEC involving compliance and misrepresentation in cooperation with a top US law firm.

The board of directors of a Hong Kong-listed company in proceedings brought against them alleging breach of fiduciary duties, misfeasance and/or misconduct, and related contentious regulatory matters.

A number of well-known MNC and Chinese companies on the responsibilities and obligations of listed companies and their directors and executives under PRC and Hong Kong laws.

A well-known fund company in handling administrative and criminal investigations by the PSB and the China Securities Regulatory Commission (CSRC) on suspected securities violations.
An international accounting firm in handling the administrative investigation by the CSRC on the professional responsibilities of professional institutions and their personnel.
An independent director of a listed company in handling the administrative investigation by the CSRC on suspected insider trading.
A legal representative of a listed company in handling a criminal investigation and prosecution for suspected illegal information disclosure; and providing legal opinions. The prosecutors decided to drop the charges against the client.
A listed company in handling the administrative investigation by the CSRC on suspected illegal information disclosure.
A fund company executive in handling the administrative investigation by the CSRC on suspected “rat trading”.
An executive director of a PRC-listed company on an inquiry by the CSRC and the PSB relating to potential insider trading and market manipulation activities.

A U.S.-listed Chinese multinational conglomerate in a probe initiated by the SEC involving compliance and misrepresentation in cooperation with a top US law firm.

The board of directors of a Hong Kong-listed company in proceedings brought against them alleging breach of fiduciary duties, misfeasance and/or misconduct, and related contentious regulatory matters.

A number of well-known MNC and Chinese companies on the responsibilities and obligations of listed companies and their directors and executives under PRC and Hong Kong laws.

As a growing number of Chinese companies expand their businesses beyond China they encounter an increasingly complex global regulatory environment. We help Chinese clients identify areas of compliance risk based on their business and regulatory risk profile of the country in which they operate. We are frequently consulted by clients in selecting the right foreign counsels and provide comprehensive compliance services to clients going global.

A Chinese SOE on identifying its global compliance risks and establishing its global compliance system.
A number of U.S.-listed Chinese companies on updated data protection and anti-corruption trends in multiple jurisdictions worldwide and providing practical advice for the clients’ global operations and risk controls.
A number of Chinese companies in inquiries by the DOJ, the SEC, the DOC, and the U.S. Department of Homeland Security, among many.
A Chinese enterprise in response to an investigation initiated by the government of Pakistan, resulting in no penalties for the client.A well-known China-based company in establishing and improving its global data compliance system, establishing a global data network and operating mechanism (such as data localization and cross-border transfer), advising the client on various data issues relating to its products and services in the global markets, assisting it to deal with various global emergencies (such as data leaks, government investigations, and inquiries) and conducting data compliance due diligence in various investments, and responding to comprehensive data compliance reviews by business partners, such as Facebook.

A China-based U.S.-listed company in its data compliance due diligence for a potential investment of a logistics group and its post-merger compliance integration. The due diligence was conducted based on PRC data protection laws and the GDPR.
A leading dairy product manufacturer on its global compliance program and providing training.
A leading bus company on sanction and data privacy issues in the EU, Central and South America and Africa and providing training.
A China-based healthcare as the company’s global counsel, providing advice from multiple legal perspectives for its expansion of medical services in several Asian countries.
Several Hong Kong-listed Chinese SOEs on anti-corruption, sanctions, outbound investment and product safety issues, and conducting compliance inspection to help the companies establish compliance systems in accordance with requirements of the SASAC.
A Chinese high-tech company in its negotiation with the U.S. DOC and dealing with procedures of removal from the BIS entity list.

A well-known Chinese submarine fiber optic cable company on sanctions issues relating to its operations in the Middle East.
A leading Chinese automobile manufacturing company on its sanctions risks related to its business in Venezuela.
A number of Chinese chip manufacturers on U.S. export control issues, including providing analysis of whether their products, technology or parts are subject to U.S. export control laws.

Practices