Public Consultation on the Law on Combating Cross-border Corruption (Draft)

Public Consultation on the Law on Combating Cross-border Corruption (Draft)
Public Consultation on the Law on Combating Cross-border Corruption (Draft)

August 28, 2026

The Law of the People's Republic of China on Combating Cross-border Corruption (Draft), which has been deliberated at the 24th session of the Standing Committee of the 14th National People's Congress, is hereby released for public consultation. The public may submit comments directly through the NPC website (www.npc.gov.cn) or the National Database of Laws and Regulations (flk.npc.gov.cn), or may send their comments by mail to the Legislative Affairs Commission of the Standing Committee of the National People's Congress (No. 1 Qianmen West Street, Xicheng District, Beijing, 100805; please indicate "Comments on the Draft Law on Combating Cross-border Corruption" on the envelope). The period for public consultation will last for 30 days.

Law of the People's Republic of China on Combating Cross-border Corruption (Draft)

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution, with a view to preventing and punishing cross-border corruption, deepening international cooperation on combating corruption, protecting the lawful rights and interests of organizations and individuals, and safeguarding national sovereignty, security and development interests.

Article 2 Efforts to combat cross-border corruption shall uphold the leadership of the Communist Party of China, adhere to the principle of no restricted zones, full coverage and zero tolerance in combating corruption, address both the symptoms and root causes through systematic governance, and actively participate in global anti-corruption governance.

Article 3 For the purposes of this Law, cross-border corruption refers to any of the following acts:
(1) where a domestic citizen or a domestic enterprise or other organization, or any branch or subsidiary thereof, bribes a foreign public official or an official of a public international organization, or where an overseas individual or an overseas enterprise or other organization, or any branch thereof, bribes a foreign public official or an official of a public international organization within China;
(2) where an overseas individual or an overseas enterprise or other organization, or any branch thereof, bribes a domestic public official or a specifically related person of such public official, or a state authority, state-owned enterprise, public institution or people's organization, as well as any related act of accepting bribes;
(3) where a domestic citizen or a domestic enterprise or other organization, or any branch or subsidiary thereof, commits outside the territory of China any duty-related violation or duty-related crime other than those specified in the preceding two subparagraphs, including embezzlement or bribery, abuse of power, dereliction of duty, rent-seeking through the exercise of power, transfer of benefits, malpractice for personal gain, or waste of state assets;
(4) where, with respect to other acts of corruption that are similar in nature to the acts specified in the preceding three subparagraphs, all or part of such an act is committed outside China and all or part of its consequences occur within China; or
(5) where a person suspected of corruption flees abroad or corruption-related assets are transferred across borders.

Article 4 The People's Republic of China shall uphold respect for sovereignty, equality and reciprocity, fairness and justice, and the punishment of wrongdoing and promotion of good; advocate the role of the United Nations Convention against Corruption as the principal channel for international cooperation against corruption; practice multilateralism; honor its commitments to the fight against corruption through cooperation; prevent and combat the cross-border movement of persons involved in corruption and corruption-related assets; oppose the provision, under any pretext, of safe havens for persons involved in corruption or corruption-related assets; and conduct practical and efficient international cooperation in such areas as the pursuit of fugitives, the recovery of assets, and the return of assets.

Article 5 Efforts to combat cross-border corruption shall be carried out in a lawful manner, maintain the normal order of cross-border business operations, equally protect the lawful rights and interests of all types of business entities, and foster a first-class business environment that is market-oriented, law-based and internationalized.

Article 6 Where a foreign state, in violation of international law and the basic norms governing international relations, uses anti-corruption as a pretext or improperly applies its relevant domestic laws extraterritorially to contain or suppress China, or takes discriminatory restrictive or other improper measures against Chinese citizens, enterprises or other organizations, thereby endangering China's sovereignty, security or development interests, China shall have the right to take corresponding measures, including countermeasures and blocking measures, in accordance with the Anti-Foreign Sanctions Law of the People's Republic of China and other relevant provisions of the State.

Chapter II Responsibilities and Mechanisms

Article 7 The State shall establish a working mechanism for combating cross-border corruption, which shall organize, coordinate and guide cross-border anti-corruption work and perform the following responsibilities:
(1) comprehensively assessing the overall situation concerning cross-border corruption, studying and formulating relevant policies, and formulating and issuing guidelines on combating cross-border corruption;
(2) coordinating the formulation of rules for combating cross-border corruption;
(3) coordinating law enforcement and judicial work to combat cross-border corruption;
(4) guiding relevant departments and local authorities in carrying out their cross-border anti-corruption work;
(5) urging relevant competent departments and other entities to establish and improve integrity and compliance management systems, and providing guidance on the identification, assessment, early warning, response and handling of cross-border corruption risks; and
(6) studying and resolving other major issues arising in the efforts to combat cross-border corruption.

Article 8 The national working mechanism for combating cross-border corruption shall be led by the National Commission of Supervision.
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