New rules issued on checking bribery records

The Supreme People’s Procuratorate has issued new Rules on Queries on Bribery Records, effective on 6 February 2013, which allow companies and individuals to request to see records of criminal investigations and convictions related to bribery from the local procuratorate – equivalent to the local prosecutor’s office – for limited purposes.

The new rules replaced the existing rules on this topic and were issued in the context of the nationalisation of the bribery record-keeping system in China this year. The rules appear to suggest that they cover only records related to those who gave bribes, and not those who received bribes.

Specifically, the new rules:

(a) expand the scope of parties who may request to see bribery-related records (to include both onshore and offshore companies or individuals);

(b) impose an additional requirement to provide sufficient reasons for the bribery records check; and

(c) limit such requests to be made within 10 years after the relevant criminal judgments/awards became effective (for records involving multiple bribery crimes, the 10-year limitation will start to count from the effective date of the last judgment or award).

Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mail at: Zhang Danian (Shanghai) danian.zhang@bakermckenzie.com