On January 14, 2025, the State Administration for Market Regulation (SAMR, 国家市场监督管理总局) published the Compliance Guidelines for Healthcare Companies to Prevent Commercial Bribery Risks (the Guidelines, 医药企业防范商业贿赂风险合规指引). The Guidelines are the final version of the Draft Compliance Guidelines for Healthcare Companies to Prevent Commercial Bribery Risks (the Draft or the Draft Guidelines) which were published for public comment on October 11, 2024, and discussed in our earlier post. The finalized Guidelines took effect upon publication.
The Guidelines compile the mainstream interpretation of China’s anti-corruption regulatory framework, similar to the Foreign Corrupt Practices Act Resource Guide published by the U.S. Department of Justice and the U.S. Securities and Exchange Commission. The Guidelines are generally consistent with the draft published in October and with best practices in other jurisdictions.
This Advisory highlights key changes from the Draft Guidelines to the final version, particularly with respect to the payment of service fees to healthcare professionals, sponsorships, and the placement of capital equipment.