On the afternoon of June 25, 2021, Llinks partner Dr. David Pan, invited by Shanghai Overseas Rescue Service Center and SJTU Koguan Law School, delivered a lecture on "Compliance in overseas operations of domestic MNCs".
Dr. Pan stressed that overseas operations of domestic MNCs are subject to laws of multiple jurisdictions, that is to say, may incur carbon copy prosecution. In addition, the nature of the Internet and the characteristics of big data era facilitate the rapid dissemination of information and further increase the cost of violations.
After stressing the importance of compliance in a global context, and sharing administrative and criminal precedents involving Chinese companies and individuals punished under foreign laws, Dr. Pan introduced the legal systems of the U.S., Europe, the U.K. and Germany from export control, antitrust and foreign investment perspectives, which are most likely to be referred to in analyzing the legality of domestic MNCs' overseas business activities. Particularly, Dr. Pan analyzed key issues of the U.S. Export Control Act, the EU Foreign Direct Investment Review Regulations, the British Enterprise Act of 2002, and the EU and U.S. anti-monopoly law frameworks. In the last section of the lecture, Mr. Pan shared guidelines regarding the establishment of overseas operations compliance system, as well as compliance suggestions.
More than 100 executives and law practitioners from large-scale domestic companies participated in this lecture.
