Since the FCPA's inception in 1977, Mainland China has remained the location with the most enforcements, with 57 as of June 30, 2019. In a Introducing the China Initiative. DOJ’s China Initiative: Wire Fraud, Mail Fraud and False Statement Statutes We have previously analyzed the DOJ’s China Initiative , launched in November 2018, which dedicates additional governmental resources to investigating and prosecuting Chinese companies and individuals for alleged violations of U.S. law. That Congress viewed the FCPA as a way to improve relations with foreign countries, a policy goal that has largely disappeared in subsequent decades. DOJ 2018 Policy Shifts in Review summarizes developments in government investigations and white collar prosecutions. Westport’s common stock was registered with the SEC, and it also listed its securities on the Toronto Stock Exchange. The focus of this initiative: Investigate and prosecute Chinese companies for trade secret theft cases. The DOJ has yet to bring a case against a Chinese company or individual as a result of the China Initiative. The DOJ announced an unprecedented strategy on November 1, 2018 called the "China Initiative." On November 1, 2018, then-U.S. Attorney General Jeff Sessions announced the creation of the China Initiative (the “Initiative”) to support the U.S. Department of Justice’s (“DOJ”) “priority of countering Chinese national security threats…” The Initiative consists of a task force aimed at identifying suspected Chinese trade theft cases for investigation and enforcement. Nor have any Chinese companies publicly announced FCPA-related investigations by the DOJ. In the FCPA context, although a large number of DOJ’s past enforcement actions involved misconduct in China by foreign companies, FCPA enforcement against Chinese companies operating abroad has been far less frequent. FCPA Top 10: 2019 Enforcement Actions Claim the Top 2 Spots * Siemens’s U.S. FCPA resolutions were coordinated with a €395 million ($569 million) anti-corruption settlement with the … Assessing Compliance Risk Under DOJ China Initiative By Jean Chow-Callam (March 21, 2019) On Nov. 1, 2018, then-Attorney General Jeff Sessions announced the U.S. Department of Justice's new China Initiative[1] aimed at countering national security threats to the United States from China and safeguarding U.S. economic interests. Since the FCPA's inception in 1977, Mainland China has remained the location with the most enforcements, with 57 as of June 30, 2019. One largely overlooked aspect of the FCPA component of the China Initiative is the degree to which it contradicts one of the main policy goals of the Congress that enacted the FCPA back in 1977. Westport Fuel Systems, Inc. was a Canadian corporation headquartered in Vancouver that designed and manufactured clean fuel systems. The FCPA was enacted in 1977 to stop U.S. individuals and businesses from paying bribes to foreign officials in order to win business. The DOJ announced an unprecedented strategy on November 1, 2018 called the "China Initiative." 10 The first edition of the Resource Guide was released in November 2012, marking the first time the U.S. authorities had published a compilation of detailed information about their interpretation and enforcement of the FCPA. Guide to the U.S. Foreign Corrupt Practices Act (the “2020 Resource Guide”). With the institution of the China Initiative, that may change. Introducing the China Initiative. Overview The Department of Justice’s China Initiative prioritizes U.S. government enforcement actions against Chinese companies doing business in the U.S. or partnering with U.S. companies and universities, as well as individual researchers and scientists with ties to China. China Initiative on FCPA Prosecutions of Chinese Companies Thus far, it is hard to judge the impact of the China Initiative on FCPA enforcement. Topics include FCPA Successor Liability and Extraterritorial Limits - International Cooperation - False Claims Act - The Yates Memo - Reducing Duplicative Penalties - Monitorships - China Initiative
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