China eyes cross-border corruption law. Will it blunt the ‘long arm’ of the West?
China is moving towards enacting a cross-border corruption law aimed at curbing corruption by Chinese companies operating overseas.
Beijing is planning to implement a new law that focuses on preventing corruption among Chinese companies that operate outside the country. This legislative initiative comes in the wake of significant recoveries in illegal gains by Chinese courts, amounting to billions of dollars. The proposal was presented to the National People's Congress (NPC) Standing Committee for deliberation, although no specific details or timelines for its enactment have been provided at this time.
This law is likely to enhance China's overseas anti-corruption efforts, specifically targeting issues relating to Chinese fugitives and illicit assets located abroad. Furthermore, it will address corruption cases involving Chinese enterprises outside of China. The push for such legislation first surfaced in 2023, when it was formally acknowledged as part of the NPC Standing Committee's legislative agenda, deemed to be at a stage that was “relatively mature” for introduction. The initiative was bolstered further by calls from the Communist Party's Central Committee in 2024 for the expedited development of this law.
The implications of this law could be profound, as it may serve to limit the influence of foreign legal frameworks on Chinese corporates, often referred to as the 'long arm' of the West. By reinforcing its jurisdiction over its companies abroad, China is signaling its intent to manage and control the actions of its businesses outside its borders more assertively. This law not only reflects China’s ongoing commitment to combating corruption but also represents a strategic maneuver in the geopolitical landscape, as it navigates the challenges posed by foreign jurisdictions and their impacts on Chinese economic interests abroad.