Keywords: FCPA, competition laws, foreign investment

Today, perhaps more than ever, institutions and corporations operate in an environment where they are required and expected to critically assess their own operations and conduct. Those same organisations are working against a backdrop of an increased, and increasing, weight of regulatory standards. Those regulations apply across the spectrum of industry and throughout the breadth of an organisation's global operations.

This is especially true in Asia, particularly in the past decade. As foreign investment into the region has increased, so have enforcement efforts from both within and outside of Asia. In particular, U.S. regulators are increasingly reviewing conduct under the microscope of the Foreign Corrupt Practices Act (FCPA), with greater attention paid to China in recent years; Chinese authorities have also greatly intensified their cracking down on bribery in China (notably President Xi's "Tigers and Flies" initiative). On the antitrust front, the 2015 deadline for members of the Association of Southeast Asian Nations (ASEAN) to introduce nationwide competition laws and policy (and more broadly, to establish the ASEAN Economic Community) is likely to mean even greater regional cooperation and more proactive enforcement of competition laws in the coming years. Almost all the key jurisdictions across Asia have now adopted and/or implemented their competition laws (including most recently, Hong Kong and Malaysia).

View a PDF copy of our Internal Corporate Investigations in Asia booklet, which is a step by step guide to the handling of an investigation. We hope you will find this guide useful.

Learn more about our Asia offices, Antitrust & Competition, Global Anti-Corruption & FCPA and Litigation & Dispute Resolution.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.