Due diligence in China: Mitigating arrest, detention risks

Performing due diligence is a crucial part of a robust compliance program, but what is a company to do when fulfilling that obligation potentially puts employees at risk of being arrested or detained?

That’s a real concern many western businesses with operations in China are facing right now.

The central issue pertains to overall lack of transparency around how to remain within the legal bounds of China’s national security laws. In April, China amended its counterespionage law, broadly expanding the definition of “acts of espionage” to now include not only the stealing of state secrets but anything pertaining to national security and interests.