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SAIC Launches Blacklist of Dishonest Companies

The State Administration for Industry and Commerce (SAIC) issued a circular on 31 March laying out preparation work in details for implementing the Interim Measures for the Administration of the List of Dishonest Enterprises Committing Serious Illegal Activities which came into force on 1 April 2016.

The circular set out the commencement date of the list and the division of management responsibilities. Industry and commerce administration departments at the local level are required to identify the lead authority for coordinating the management, and work together with information technology bureaus to develop and renovate related business systems with the aim to put into effect the various work requirements.

SAIC called for explicit provisions for the inclusion and exclusion procedures. First, precise rules for removing names from the list are to be laid down. Second, information sharing procedures for cross-location administrative sanctions cases are to be spelt out. Third, public notification for the inclusion and exclusion is to be prefected. Fourth, the inclusion to the list of dishonest enterprises that have committed more than one serious illegal activity is to be dealt with appropriately. Fifth, treatment of enterprises delisted is to be set out.

SAIC also called for strengthening information technology security, the development of management systems or modules, establishing a database for the list, improving the law enforcement and investigation system, the public notification system and the registration system. The role of the list in restraining credit is to be given full play. Industry and commerce administration departments at the local level are required to take various measures to raise the awareness of the list among the business and social sectors concerning the serious consequences of being blacklisted, urging them to act proactively to avoid violations. To punish as to educate, enterprises are entitled to be clearly informed of the legal consequences, the ways to restore credit and the means to remedy rights violations. The important role of the list in the establishment of the enterprise credit information system is to be highlighted, along with the active pursuit in the expansion of application areas.

For details of the Interim Measures in Chinese, please see:

http://www.gov.cn/gongbao/content/2016/content_5059098.htm

Content provided by Picture: HKTDC Research
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