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Anti-foreign Sanctions Law of China(2021)

Wed, 04 Aug 2021
Categories: Insights

Anti-foreign Sanctions Law of the People’s Republic of China was promulgated on 10 June 2021. There are 16 articles in total. The Law aims to safeguard the sovereignty, security and development interests of the State, and protect the legitimate rights and interests of Chinese citizens and organizations.

The key points are as follows:

  1. The relevant authorities under the State Council may decide to include in the Countermeasures List the individuals and organizations that have directly or indirectly participated in the formulation, determination and implementation of discriminatory restrictive measures. The State Council may also take countermeasures against the individuals and organizations as below: (1) the spouse and immediate relatives of the individuals listed in the Countermeasures List; (2) senior executives or actual controllers of the organizations listed in the Countermeasures List; (3) organizations in which individuals listed in the Countermeasures List serve as senior executives; and (4) organizations with individuals and organizations listed in the Countermeasures List actually controlling or participating in their establishment or operation.
  2. The relevant authorities under the State Council may, in accordance with their respective responsibilities and tasks, decide to take one or more of the following measures against the individuals and organizations specified in Articles 4 and 5 of this Law in light of the actual situation: (1) denial of visa issuance, entry refusal, cancellation of visa or deportation; (2) sequestering, seizing or freezing movable property, immovable property and other types of property within the territory of China; (3) prohibiting or restricting the organizations and individuals within the territory of China from conducting relevant transactions or cooperation activities with them; and (4) other necessary measures.
  3. The determination, suspension, alteration, or cancellation of the Countermeasures List and countermeasures shall be announced by order of the Ministry of Foreign Affairs or other relevant authorities under the State Council.
  4. No organization or individual may implement or assist in the implementation of discriminatory restrictive measures adopted by foreign countries against Chinese citizens and organizations. Where any organization or individual violates such provision and infringes upon the legitimate rights and interests of a Chinese citizen or organization, the Chinese citizen or organization may institute an action before the people’s court in accordance with the law, requesting to stop the infringement and compensate for the losses.

 

 

Cover Photo by Rafik Wahba (https://unsplash.com/@rafikwahba) on Unsplash

Contributors: CJO Staff Contributors Team

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