The State Administration for Market Regulation (SAMR) has unveiled the “Guidelines for Compliance of Pharmaceutical Enterprises in Preventing Commercial Bribery Risks (draft proposal),” marking a significant step towards transparency and ethical business practices within the pharmaceutical industry. The public is invited to provide feedback on the draft until October 20.
The guidelines outline nine specific activity scenarios where commercial bribery risks may arise, including academic visits and exchanges, receptions, consulting services, outsourcing services, discounts and commissions, donations, sponsorships and grants, free deployment of medical equipment, clinical research, and retail terminal sales. Pharmaceutical companies are advised to enhance their internal control measures and collaborate with regulatory enforcement to effectively manage these risks.
The document emphasizes the importance of pharmaceutical companies accurately identifying, evaluating, and classifying commercial bribery risks. It provides guidance on the classification and disposal plans for such risks, encouraging enterprises to take ownership and boost their compliance management efforts. For risks that have not yet resulted in illegal or criminal behavior, the guidelines suggest that companies should be vigilant in discovering and addressing commercial bribery risks to prevent recurrence.
In cases where commercial bribery is suspected or has occurred, the document recommends that pharmaceutical companies take proactive measures. This includes timely reporting before the case, active cooperation during investigations, and conducting post-case rectification evaluations in conjunction with reasonable internal disposal measures.- Flcube.com
