The Dilemma Of Liability Under China’s State Secret Laws

June 17, 2014

When complying with discovery obligations in cross border litigation or responding to document production requests from overseas regulators, multi-nationals operating in China have to comply with China’s state secret laws that prohibit the unauthorized export of China’s state secrets. Recent cases in the United States and Hong Kong have shown that companies faced with document production requests will not be able to successfully refuse production on the grounds of potential exposure under China’s state secret laws. Rather, as this OnPoint explains, multi-nationals facing such obligations have to proactively review the relevant documents for state secret information and exclude only the documents that contain state secret information from production.

Read "The Dilemma Of Liability Under China’s State Secret Laws"