CHINA Law and Practice Contributed by: Xing Nan (Nancy), AnJie Broad Law Firm
4.3 Timing The Provisions on the List of Unreliable Entities do not specify a time limit to obtain delisting. However, the decision to remove foreign entities from the list of unreliable entities should be announced. From the date of announcement, the sanctions measures taken in accordance with the Provisions on the List of Unreli - able Entities shall cease to be implemented. 5. Trade and Export Restrictions 5.1 Services China’s export and import control regimes are cur - rently not country-specific. The Ministry of Commerce regularly issues the Catalogue of Technologies Pro - hibited or Restricted from Export by China and the Catalogue of Technologies Prohibited or Restricted from Import into China. The Ministry of Commerce, the Ministry of Industry and Information Technology, the General Administra - tion of Customs, and the State Cryptography Admin - istration published the Dual-Use Export Control List of the People’s Republic of China. China implements sanctions mandated by the UN Security Council towards the Islamic State and Al- Qaeda, Yemen, Iraq, the Democratic Republic of Con - go, South Sudan, Libya, Mali, Haitian gangs, Central Africa, and Al-Shabaab in Somalia. 5.2 Goods China’s export and import control regimes are current - ly not country-specific. The Ministry of Commerce, the General Administration of Customs, and the Ministry of Ecology and Environment, in accordance with rel - evant laws and regulations, regularly issue the Cata - logue of Prohibited Import Goods and the Catalogue of Prohibited Export Goods. The Ministry of Commerce, the Ministry of Industry and Information Technology, the General Administra - tion of Customs, and the State Cryptography Admin - istration published the Dual-Use Export Control List of the People’s Republic of China.
China implements sanctions mandated by the UN Security Council towards the Islamic State and Al- Qaeda, Yemen, Iraq, the Democratic Republic of Con - go, South Sudan, Libya, Mali, Haitian gangs, Central Africa, and Al-Shabaab in Somalia. 6. Civil Litigation and Arbitration 6.1 Force Majeure In judicial practice, PRC courts tend to evaluate whether sanctions constitute force majeure. That is to say, courts tend to evaluate whether the obstacles cannot be reasonably foreseen at the time of contract formation and the consequences of obstacles cannot be reasonably avoided or overcome by the affected parties. If they do not constitute force majeure, the judgment should be executed accordingly. If the judg - ment or ruling is not voluntarily complied with, the court may take measures to enforce its decision. If the property of the person subject to enforcement within China has been pre-sealed, seized, or frozen by relevant Chinese departments in accordance with sanctions laws, and no property available for enforce - ment has been found through property investigation, the enforcement procedure may be terminated after the applicant for enforcement signs confirmation or the enforcement court forms a collegial panel to review and verify, and is approved by the President. After the termination of enforcement, if the applicant for enforcement discovers that the enforcee has prop - erty available for enforcement, they may apply for In a case regarding a sales contract dispute, the sell - er, Company A, signed a procurement contract with the buyer, Company B, and Company A promised in Annex 3 that the goods did not come from Iran. Afterwards, Company B refused to make payment since Company A was unable to provide proof, while Company A filed a lawsuit claiming that Annex 3 vio - lated the Anti-Foreign Sanctions Law of the People’s Republic of China and the Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures, violated mandatory enforcement again. 6.2 Enforcement Case 1
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