New law may impact investigation and enforcement by foreign authorities in China

The International Criminal Judicial Assistance Law of the People’s Republic of China, effective October 26, 2018, designates the State Supervision Commission, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of National Security, and “other departments” as the competent authorities for conducting international criminal investigations and prosecutions.  The new law establishes procedures that must be followed by foreign authorities seeking to investigate or enforce their criminal laws on Chinese territory, and the procedures that must be followed by Chinese authorities seeking to investigate or enforce China’s domestic laws abroad.