Anti-foreign Sanctions Law of the People’s Republic of China Promulgated to Protect China’s Interests
ISSUING AUTHORITY:
Standing Committee of the National People’s Congress
June 10, 2021
EFFECITVE DATE:
June 10, 2021
On June 10, 2021, the Standing Committee of the National People’s Congress passed and promulgated the Anti-foreign Sanctions Law of the People’s Republic of China (the “Law”), demonstrating China’s strong determination to oppose hegemonism and power politics, to oppose any country’s interference in China’s internal affairs under any excuse or in any way and to safeguard the sovereignty, security and development interests of the State as well as protecting the legitimate rights and interests of citizens and organizations of China.
According to the Law, where any foreign country, in violation of international laws and basic norms governing international relations, attempts in any way to contain and suppress China, adopts discriminatory and restrictive measures against Chinese citizens and organizations or interferes in China’s internal affairs, China has the right to take corresponding countermeasures. The individuals and organizations that have directly or indirectly participated in the formulation, decision making process or implementation of discriminatory restrictive measures will be included in the Countermeasures List (the “List”) and subject to one or more of several countermeasures as may be imposed by the relevant departments of the State Council in light of the actual situation. The countermeasures include:
(i) denial of visa issuance, denial of entry, deregistration of visa or deportation;
(ii) seizure, distraining or freezing of movable property, immovable property and other types of property within the territory of China;
(iii) prohibiting or restricting the organizations or individuals within the territory of China from conducting relevant transactions, cooperation or other activities with them; and
(iv) other necessary measures.
In addition to those included in the List, the relevant departments of the State Council may also decide to take countermeasures against the following individuals and organizations:
(i) the spouse and lineal relatives of the individuals included in the List;
(ii) senior executives or actual controllers of the organizations included in the List;
(iii) organizations that have individuals included in the List acting as senior executives; and
(iv) organizations which are actually controlled by individuals or organizations that are included in the List or have participated in the establishment and operation thereof.
According to the Law, the decisions taken by the relevant departments of the State Council shall be final. Apart from the abovementioned countermeasures by the governmental departments, if any organization or individual infringes upon the legitimate rights and interests of any citizen or organization of China, the Chinese citizen or organization may also bring a lawsuit to the people’s court in China, seeking cessation of the infringement and compensation for the losses.
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