CHINA Trends and Developments Contributed by: Xing Nan (Nancy), AnJie Broad Law Firm
China Sanctions Regime: An Introduction In China, the main sanctions-related legislation includes but is not limited to: • the Law on Foreign Relations of the People’s Republic of China; • the Law of the People’s Republic of China on Countering Foreign Sanctions; • the Counter-terrorism Law of the People’s Republic of China; • the Anti-Money Laundering Law of the People’s Republic of China; • the National Security Law of the People’s Republic of China; • the Cybersecurity Law of the People’s Republic of China; • the Foreign Trade Law of the People’s Republic of China; • the Export Control Law of the People’s Republic of China; • the Civil Procedure Law of the People’s Republic of China; • the Provisions for the Implementation of the Law of the People’s Republic of China on Countering Foreign Sanctions; and • the Rules on Counteracting Unjustified Extra-terri - torial Application of Foreign Legislation and Other Measures. Law of the People’s Republic of China on Countering Foreign Sanctions Background and main purpose of the promulgation of the Law of the People’s Republic of China on Countering Foreign Sanctions The Chinese government believes that the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accord - ance with the Charter of the United Nations adopted by the United Nations General Assembly in 1970 clearly states: “[n]o State or group of States has the right to intervene directly or indirectly, for any reason, in the internal or external affairs of any other State.” “Every State has the inalienable right to choose its political, economic, social and cultural systems, with - out interference in any form whatsoever.” In recent years, certain countries have imposed sanctions on relevant Chinese state organs, organisations and state personnel in accordance with their own laws.
According to the Chinese government, the purpose of the Law of the People’s Republic of China on Coun - tering Foreign Sanctions is to fight back against the hegemonism and power politics of certain countries, safeguard national sovereignty, security, and develop - ment interests, co-ordinate the promotion of domestic rule of law and foreign-related rule of law, effectively enhance our country’s rule of law capabilities to deal with external risks and challenges, and accelerate the formation of a systematic and complete foreign- related legal system. Main contents of the Law of the People’s Republic of China on Countering Foreign Sanctions Circumstances for taking countermeasures and the applicable objects of countermeasures The circumstances for taking countermeasures are when the Chinese government takes the position that a foreign country violates international law and basic norms of international relations, contains and suppresses China under various pretexts or based on its own laws, takes discriminatory restrictive measures against Chinese citizens and organisations, and inter - feres in China’s internal affairs. In such cases, accord - ing to the Chinese government, China has the right to take corresponding countermeasures. Individuals and organisations that can be subject to countermeasures First, the relevant departments of the State Council of the People’s Republic of China may decide to include individuals and organisations that directly or indirectly participate in the formulation, decision, and implemen - tation of the above-mentioned discriminatory restric - tive measures in the countermeasures list. Second, in addition to the individuals and organisations included in the countermeasures list, the relevant departments of the State Council of the People’s Republic of China may also decide to take countermeasures against the following individuals and organisations: • spouses and immediate family members of indi - viduals included in the countermeasures list; • senior managers or actual controllers of organisa - tions included in the countermeasures list; • organisations where individuals included in the countermeasures list serve as senior managers; and
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