CHINA Law and Practice Contributed by: Xing Nan (Nancy), AnJie Broad Law Firm
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 2. Overview of Regulatory Field 2.1 Primary Regulators 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 Law of the People’s Republic of China on Countering Foreign Sanctions, the relevant departments of the State Council may decide to include individuals or organisations who directly or indirectly participate in the formulation, decision-making, and implementation of discrimina - tory restrictive measures as stipulated in this law in the
list of countermeasures. The determination, suspen - sion, modification or cancellation of the list of coun - termeasures, 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 Law of the People’s Republic of China on Countering Foreign Sanctions, China establishes a co-ordination mecha - nism 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 coun - termeasures 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 People’s Republic of China on Countering Foreign Sanctions and other sanctions legal systems stipulate corresponding criminal liability, civil liability and other legal liabilities. The Law of the People’s Republic of China on Countering Foreign Sanctions stipulates that any organisation or individual who fails to implement or co-operate in the implementa - tion of countermeasures 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 criminal cases. Criminal cases are generally executed by public security organs, prisons or other enforcement agencies. 2.2.2 Breaching Sanctions According to the Law of the People’s Republic of Chi - na on Countering Foreign Sanctions, any organisation or individual that fails to implement or co-operate in implementing the countermeasures will be subject to legal liability in accordance with the law, which does not exclude criminal liability. For example, if the
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