CHINA Law and Practice Contributed by: Xing Nan (Nancy), AnJie Broad Law Firm
measures against discriminatory restrictive measures imposed by foreign countries. On the other hand, China also implements those sanc - tions mandated by the UN Security Council. The Law on Foreign Relations of the People’s Republic of China also provides a legal basis for the implementation and compliance of United Nations Security Council sanc - tions and related measures within China. Article 35 clearly stipulates that the state shall take measures to implement binding sanctions resolutions and related measures made by the United Nations Security Coun - cil under Chapter VII of the United Nations Charter. The Ministry of Commerce and the Ministry of For - eign Affairs are the primary regulators for sanctions in China. The Ministry of Commerce is responsible for import and export controls and trade-related sanc - tions. The Ministry of Foreign Affairs is responsible for the country’s foreign policy, including sanctions against foreign entities and individuals. Depending on the nature of the sanctions, other state departments, such as the public security department, may also be involved in the implementation of sanctions. 2.2 Enforcement 2.2.1 Enforcement Responsibilities In China, the enforcement of sanctions is primarily the responsibility of various state-level authorities, which work in co-ordination to implement and oversee sanctions-related activities. Primarily, the Ministry of Commerce is responsible for the supervision of for - eign trade and economic co-operation, including the development and implementation of export controls and unreliable entity lists related to sanctions. The Ministry of Foreign Affairs is responsible for announc - ing and interpreting China’s sanctions decisions, and conducting diplomatic negotiations with other coun - tries. In addition, according to the Anti-Foreign Sanctions Law of the People’s Republic of China, the relevant departments of the State Council may decide to include individuals or organisations who directly or 2. Overview of Regulatory Field 2.1 Primary Regulators
indirectly participate in the formulation, decision-mak - ing, and implementation of discriminatory restrictive measures as stipulated in this law in the list of coun - termeasures. The determination, suspension, modifi - cation or cancellation of the list of countermeasures, and countermeasures themselves shall be announced by an order issued by the Ministry of Foreign Affairs or other relevant departments of the State Council. According to Article 10 of the Anti-Foreign Sanctions Law of the People’s Republic of China, China estab - lishes a co-ordination mechanism for the countering of foreign sanctions, which shall be responsible for the overall planning and co-ordination of relevant work. The relevant departments of the State Council shall strengthen co-ordination and information sharing and implement relevant countermeasures according to their respective duties and assignments. According to the Provisions on the Unreliable Entity List, China has established a working mechanism with the participation of relevant departments of central state organs, responsible for organising and imple - menting the unreliable entity list system. The Office of the Working Mechanism is located in the competent commerce department of the State Council. The Criminal Law of the People’s Republic of China, the Civil Code of the People’s Republic of China, the Law of the Anti-Foreign Sanctions Law of the People’s Republic of China and other sanctions legal systems stipulate corresponding criminal liability, civil liability and other legal liabilities. The Anti-Foreign Sanctions Law of the People’s Republic of China stipulates that any organisation or individual who fails to implement or co-operate in the implementation of countermeas - ures shall be held accountable in accordance with the law. In China, the people’s courts are responsible for the execution of civil judgments, administrative judgments, and the property-related parts of crimi - nal cases. Criminal cases are generally executed by public security organs, prisons or other enforcement agencies. 2.2.2 Breaching Sanctions According to the Anti-Foreign Sanctions Law of the People’s Republic of China, any organisation or indi - vidual that fails to implement or co-operate in imple - menting the countermeasures will be subject to legal
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