CHINA Trends and Developments Contributed by: Xing Nan (Nancy), AnJie Broad Law Firm
• organisations that the individuals or organisa - tions included in the countermeasures list actually control or participate in their establishment and operation. Individuals and organisations that fall within the above criteria may be made subject to countermeasures. Countermeasures There are three types of countermeasures: • first, not issuing visas, denying entry, cancelling visas or deporting; • second, sealing, seizing and freezing movables, immovables and other types of property within the territory of China; • third, prohibiting or restricting organisations and individuals within the territory of China from engag - ing in relevant transactions, co-operation and other activities with them. At the same time, a catch-all provision is also made, namely “other necessary measures”. For the spe - cific application of the above countermeasures, the relevant departments of the State Council of the People’s Republic of China may, in accordance with their respective responsibilities and division of tasks, decide to take one or more of these measures against the relevant individuals and organisations based on the actual situation. If the circumstances on which the countermeasures are taken change, the relevant departments of the State Council may suspend, change or cancel the relevant countermeasures. The determination, sus - pension, change or cancellation of the countermeas - ure list and the countermeasures themselves shall be announced by the Ministry of Foreign Affairs of the People’s Republic of China or other relevant depart - ments of the State Council. The decision made by the relevant departments of the State Council shall be final. Countermeasures working mechanism The state shall establish a co-ordination mecha - nism for countering foreign sanctions, which shall be responsible for co-ordinating relevant work. Relevant departments of the State Council shall strengthen co-
ordination and information sharing, and determine and implement relevant countermeasures in accordance with their respective responsibilities and division of tasks. Obligations of relevant organisations and individuals First, organisations and individuals within China shall implement the countermeasures taken by the relevant departments of the State Council. If relevant organi - sations and individuals violate the regulations, the relevant departments of the State Council shall deal with them in accordance with the law and restrict or prohibit them from engaging in relevant activities. Second, no organisation or individual may implement or assist in the implementation of measures, deemed to be discriminatory and restrictive, taken by foreign countries against Chinese citizens and organisations. If relevant organisations and individuals are deemed to have violated the regulations and infringed upon the legitimate rights and interests of Chinese citizens and organisations, Chinese citizens and organisations may file a lawsuit with the people’s court in accordance with the law, requiring them to stop the infringement and compensate for the losses. Third, any organisation or individual who fails to imple - ment or co-operate in the implementation of counter - measures shall be held accountable in accordance with the law. Other Chinese laws and regulations stipulating countermeasures Some of China’s current laws have already made provisions for similar countermeasures. For example, Article 48 of the Export Control Law of the People’s Republic of China, adopted by the National People’s Congress Standing Committee in October 2020, stipulates, “[i]f any country or region abuses export control measures to endanger the national security and interests of the People’s Republic of China, the People’s Republic of China may take reciprocal meas - ures against that country or region based on actual circumstances.” For another example, in Septem - ber 2020 and January 2021, with the approval of the State Council, the Ministry of Commerce successively issued the “Provisions on the Unreliable Entity List” and the “Rules on Counteracting Unjustified Extra-
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