FCPA and Anti-bribery

JunHe has a thorough understanding of PRC anti-corruption laws and enforcement practices along with in-depth knowledge of the U.S. Foreign Corrupt Practice Act (FCPA). The firm has provided legal services to leading multinational corporations around the world, including Fortune Global 500 companies. Our lawyers have advised or represented clients in one-third of the world’s 50 landmark FCPA cases, and assisted clients in investigations before the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and relevant Chinese regulators. JunHe regularly assists clients in identifying and controlling their corruption and FCPA risks, and guides clients through complex legal and regulatory challenges, to mitigate any impact on their business operations and reduce or prevent reputational and commercial damages.


Legal Services Provided by JunHe


FCPA and anti-corruption due diligence

  • Conducting due diligence on targets during material transactions, to mitigate any potential liability and legal risks that buyers, their directors and their officers may face;

  • Advising on disclosures and solutions for transactions, including preparing due diligence checklists and questionaries, drafting transaction documents, etc.;

  • Conducting due diligence on prospective agents, advisors, suppliers, distributors and joint venture partners;

  • Identifying transaction risks in multiple jurisdictions, especially in high-risk countries;

  • Performing FCPA and anti-corruption reviews to ensure continuous compliance after the completion of transactions.


FCPA and anti-corruption violation investigations

  • Conducting internal compliance and special audits;

  • Investigating and collecting evidence on suspected misconduct, and providing analysis and legal advice on all aspects of FCPA and anti-corruption compliance;

  • Offering countermeasure strategies to minimize administrative or litigation risks.


Regulatory countermeasures

  • Developing strategies for countermeasures against FCPA investigations and inquiries into the business operations of U.S. companies in China;

  • Developing comprehensive and multi-jurisdictional strategies for defending against investigations by local and national governments;

  • Assisting or representing clients in communications with governmental authorities to help lessen any fines or penalties that may be imposed;

  • Developing and implementing public relation plans to maintain the reputation of clients.


Compliance strategies and solutions

  • Preparing compliance schemes to strengthen compliance management and mitigate compliance risks;

  • Conducting compliance reviews and audits on clients’ business and transactions, and delivering practical solutions;

  • Providing compliance training for clients, and developing sound contract drafting, internal management systems and SOPs to improve compliance awareness in the ordinary course of business.

Recent Representative Cases

Represented a Chinese central SOE in an FCPA investigation and judicial proceedings before a foreign government

We guided a Chinese central SOE through all aspects of an FCPA investigation and judicial proceeding before a foreign government, and addressed the legal issues that had arisen under the jurisdictions of China and the U.S. We engaged in a number of communications with both the Chinese and the U.S. governments, and led and coordinated multiple U.S. law firms. After many years of effort, we assisted the client to fulfil procedural requirements under U.S. law and adhere to the political bottom line for a Chinese company.


Represented the European HQ of a corporate giant in a criminal investigation before the DOJ

We represented the European HQ of a corporate giant in a cross-jurisdictional criminal investigation by the DOJ. This was one of the biggest ever FCPA cases announced by the DOJ, and we protected the client against the long-arm jurisdiction of the United States and overcame an “American trap” by using applicable laws under Chinese jurisdiction.


Conducted FCPA due diligence on behalf of a leading US medical device company in connection with its acquisition of a prominent Chinese medical device company. We offered compliance advice and developed a compliance program based on the due diligence findings

We assisted a leading US medical device company with FCPA due diligence in its acquisition of a prominent Chinese medical device company. The due diligence conducted on the entire distribution network of the target company in China was designed to assess potential compliance risks under FCPA and PRC laws. We issued the due diligence report and developed a compliance program for the client after the acquisition.


Provided a full range of legal services to a Fortune 500 company, including conducting FCPA due diligence, developing a compliance system and providing compliance training

We provided a full range of international compliance services to a Fortune 500 company, including performing full FCPA due diligence on the agents and distributors of the client. We assisted the client’s subsidiaries in China with investigations by the Chinese government, advised the client on compliance with PRC anti-bribery laws, advised the clients on the requirements for business record retention and trading rules, and provided FCPA training to the employees and partners.