China's Blocking Statute Creates New Challenges For Cos.

Law360 (February 20, 2019, 2:04 PM EST) -- On Oct. 26, 2018, the People’s Republic of China enacted the International Criminal Judicial Assistance Law, or ICJAL, which immediately came into effect. In essence, the ICJAL serves as a blocking statute[1] that requires approval by PRC governmental authorities before any institution, organization or individual within the territory of the PRC can provide evidence, materials or assistance to any foreign countries’ criminal proceedings.[2]

As such, the ICJAL could significantly impact cross-border criminal enforcement and prosecutions, which are increasingly commonplace as the world becomes further globalized.

Enactment of the ICJAL may be a defensive maneuver by the PRC in response to extraterritorial...

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