Regulatory Compliance
The rapid development of the Chinese economy and the increasingly competitive market environment has put forward higher requirements for good market order, and the supervision of the Chinese government on the legal regulatory compliance of the business practices of enterprises is becoming more and more stringent. In recent years, Aalongside the Chinese government's plans and policies for a law-based societyanti-corruption drives, the the relevant departments in China have issued a series of laws and regulations regardingon corporate andor industry compliance management, data compliance, anti-commercial bribery, anti-monopoly, trade compliance and other areas of compliance managementanti-commercial bribery and anti-monopoly laws and regulations. Meanwhile, Iin order to protect the sound social and economic development of China and better integrate it into the global financial system, government administrative regulatory departments and judicial organs have strengthened law enforcement and precise supervision in an all-round and more comprehensive manner in new financial fields, securities and futures markets, foreign exchange markets and tax-related areas, tax-related and other fields. With h the increasing attention to the regulatory compliance of the United States, Europe and , Asia, and other regions, corporate regulatory compliance in China has become a concern in managing transnational enterprises. This is in China, especiallyparticularly for those international enterprises related to European, American, Korean and , Japanese enterprises and many other regions, as well as medium to large scale a large number of state-owned enterprises and private enterprises. With its of a medium to large scale. Building on its existing legal practice, JunHe is focused on strengthening their expertise in regulatory compliance. JunHe’s consistently professsionalism standards and expertise, JunHe enable them to provides customized, full-chain and one-stop compliance management services to its their valued clients. andJunHe effectivelyeffectively assistss their valued clients in addressing their clients current special circumstances and protecting their long-term interests.
Legal Team
Since its inception, JunHe has been provideding a wide range of compliance services to meet the needs of its clients. The firmJunHe has more than 20twenty partners and lawyers specializing in traditionallegal regulatory compliance. Our professionals work collaboratively and are located in offices in Beijing, Shanghai, Guangzhou, Shenzhen, Hangzhou, Chengdu, Qingdao, Dalian, Haikou, Dalian, Qingdao, Chengdu, Hangzhou, Tianjin, Hong Kong, New York and Silicon Valley. and work collaboratively.
In order Tto respond to market changes and strategic adjustments, in 2021 JunHe established a Compliance Business Department composed of dozens of industry elites and experts in 2021. The new establishment of the new department has brought JunHe more business opportunities in the compliance areas such as corporate compliance management, EHS (Environment, Health and Safety) and ESG compliance, corporate governance, labor, financial and tax management, antitrust compliance, commercial compliance, trade compliance, data and cybersecurity compliance, IP compliance, MDB compliance and criminal compliance. Our lawyers in the Compliance Business Department lawyers have overseas study and practice backgrounds, as well as abundant experience in domestic public security bodies, procuratorial bodies and people's courts. They have experience in market supervision and administration, as well as taxation and customs departments, and can help clients understand and grasp complex international regulatory compliance systems and find practical solutions to cross-border and domestic regulatory compliance issues.
The legal regulatory compliance business of JunHe began decades ago. JunHe has acted as agents in the internal investigation and audit of many multinational companies, as well as in the evaluation and consultation on the legitimacy of their business activities. As the leading law firm in the field of legal regulatory compliance in China, JunHe has dealt with many complicated and multi-jurisdictional regulatory compliance issues over many years, including cases with major social impact. Especially in recent years, as the regulatory compliance business has begun to have an impact on companies operating models, profit channels and even their position and existence in the Chinese market, JunHe has kept abreast with the latest development of regulatory compliance laws and practice. The company frequently helps clients to find practical solutions to protect their core interests.
Core Business Fields
Customized and One-stop Compliance Management System Construction/Improvement. JunHe assists various enterprises in accurately identifying relevant areas and/or business compliance risks, formulating practical and feasible preventive and control measures, as well as making compliance risk prevention and control measures effective by building a focused, practical and effective compliance management system that meets the unique characteristics of the enterprise itself. Comprehensive and Independent Regulatory Compliance Investigation and Audit. JunHe has participated in the internal investigation and audit of multinational companies including organizing legal teams to assist in reviewing the company's documents, data and files; preparing issue lists and interviewing key personnel; advising on personal privacy, personal information, data protection, data cross-border, commercial confidential protection, sensitive information and national secrecy/intelligence security norms; drafting independent internal investigation reports, conducting comprehensive and in-depth professional legal analysis of the relevant issues (including the potential legal risks in the Chinese market), and providing strategic analysis and opinions, etc.
Professional Counseling on the Compliance Management System Effectiveness Evaluation and System Certification. JunHe assists enterprises in formulating compliance management system construction/improvement programs in accordance with ISO 37301 and GB/T 35770 certification requirements and provides assistance and advice for enterprises in implementing the aforementioned programs to continuously improve their compliance management capabilities, meet the compliance certification requirements, and obtain ISO 37301 and GB/T 35770 certificates issued by the certification bodies. Analyze and Respond to Complex Cross-border Investigations. JunHe assists companies in dealing with investigations and accusations made by overseas law enforcement agencies, including, upon the request of the home government of the multinational company, conducting legal analysis of the relevant issues by combining the local laws and judicial practices, and assisting in formulating and implementing relevant countermeasures so as to reduce the special risks and impacts for the company arising from differences of jurisdictions.
Professional Domestic Defense and Investigative Response. JunHe assists clients in handling law enforcement activities of domestic regulatory compliance regulatory authorities and departments, and has acted for clients in investigating and accusing government departments (such as surprise inspections and investigations by market regulatory authorities, public security authorities, surveillance authorities, tax authorities, customs and other government departments). Participating in accordance with the law, JunHe has acted as an agent for the defense, reconsideration and review of procedures and administrative litigation procedures. This included analyzing administrative liability, assisting clients in responding to the requirements of administrative law enforcement authorities, participating in administrative investigation meetings, assisting and cooperating in investigations during the whole process, coordinating investigation conclusions, and acting as an agent for clients in the whole process of criminal investigation and criminal litigation procedures etc.
Maximize the Protection of Legal Rights and Interests of Clients. JunHe assists clients by quickly identifying red flags and providing their clients with comprehensive and rapid regulatory compliance risk assessments and practical and feasible response strategies. This helps the client to recover losses and stop losses in a timely manner through settlement procedures or judicial proceedings if necessary, in the event of an actual or a potential infringement of clients' rights and interests by third parties such as internal employees or external partners.
Complete Due Diligence of All Types. JunHe represents clients in regulatory compliance due diligence in various economic activities such as corporate mergers and acquisitions, capital markets, and banking and finance. This includes conducting due diligence on the regulatory compliance of target companies, assessing regulatory compliance risks of target companies, prompting industry risks, and participating in transaction document design etc.
Established Adequate and Feasible Corporate Regulatory Compliance System. JunHe assists clients in establishing and improving their internal regulatory compliance systems, and assists clients in evaluating existing systems, and designing and building effective corporate regulatory compliance systems based on the type of business and the industry in which it is located. The team reviews the consistency of the corporate regulatory compliance documents with corporate group policies, provides advice and recommendations on regulatory compliance and operability, and designs practical corporate regulatory compliance structures. JunHe assists clients in developing company-specific internal regulatory compliance policies, such as comprehensive regulatory compliance policies involving gifts/feasts, meetings/business trips/reimbursements, suppliers/distributors, antitrust, data protection such as privacy and information, tax/customs/foreign exchange, environmental protection, and a full range of regulatory compliance policies for special organizations such as finance, insurance, aviation, medical, infrastructure, construction, and public companies. The team assists the client in the implementation of policies, including the training of the company’s directors, managers, and marketing and sales staff, etc.
Lifting of Complex International Sanctions and Bans. This includes responding to multilateral development bank sanctions and advising on the sanction procedures and the concerns of the bank. JunHe assists the company in negotiating and securing the most favorable sanctions terms with banks in connection with the settlement agreement, assisting the company in implementing the settlement agreement and cooperating with further investigations, and, through the above efforts, facilitating the early lifting of bans.
Preventative Daily Regulatory Compliance Reviews and Special Compliance Inspections. JunHe assists in other daily regulatory compliance activities, such as reviewing contracts, providing legal advice on new business models, sponsorship programs, entering and terminating employment relationships, and other business activities, thus ensuring regulatory compliance and reducing related legal risks.
Multi-Level and Omni-bearing Regulatory Compliance Training Services. With respect to the daily regulatory compliance internal training needs of clients, we provide regular and/or customized and targeted regulatory compliance training and seminars for personnel in different positions, levels and risk levels in a timely and targeted manner, taking into account the development, changes and adjustments of laws, policies, judicial background and industry regulations, with a view to minimizing regulatory compliance risks and promoting the operation and development of clients.
