Revisiting the China Initiative: Will the Focus on FCPA Prosecutions of Chinese Companies Produce Results?

On November 1, 2018, then Attorney General Jeff Sessions announced in broad strokes the goals of a new “China Initiative,” a strategic priority to counter Chinese national security threats and economic aggression. Among the ten objectives of the China Initiative was a goal to “[i]dentify Foreign Corrupt Practices Act (FCPA) cases involving Chinese companies that compete with American businesses.” This particular goal was met with surprise and interest both by Chinese companies and the international anti-corruption community more broadly. In a guest article, Michael DeBernardis, counsel at Hughes Hubbard, and associate Jonathan Zygielbaum explore whether the inclusion of this goal will ultimately impact FCPA prosecutions. See “The Developing Anti-Corruption Battle Between the United States and China” (Mar. 20, 2019).

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