On April 7, 2026, the State Council of the People’s Republic of China promulgated the PRC Regulations on Countering Foreign Improper Extraterritorial Jurisdiction (中华人民共和国反外国不当域外管辖条例), effective immediately. The new administrative regulations introduce several core legal mechanisms—including anti-enforcement injunctions, a "malicious entity list," and statutory civil remedies—marking the evolution of China’s legal countermeasures from isolated blocking orders into an integrated, comprehensive defense network.
The Regulations are explicitly designed to safeguard China's national sovereignty, security, and development interests, while protecting the legitimate rights and interests of Chinese citizens and organizations.
To achieve these objectives, the framework establishes a multi-layered countermeasure system:
- Identification Mechanism: The Ministry of Justice (MOJ), in coordination with relevant government departments, is tasked with assessing and identifying foreign measures that constitute improper extraterritorial jurisdiction. Once an official public announcement is made, no organization or individual within China may comply with, or assist in enforcing, the designated foreign measures.
- Anti-Enforcement Orders (Injunctions): For the first time, a formal “anti-enforcement order” (Jinzhi Ling) system has been codified. This mechanism empowers the MOJ to issue administrative orders directly prohibiting compliance with designated foreign extraterritorial rules.
- Malicious Entity List: A newly established “Malicious Entity List” will target foreign organizations and individuals who actively promote or participate in implementing improper extraterritorial measures. Listed entities and individuals will face severe countermeasures, including asset freezes and comprehensive transaction bans.
Photo by Victor He on Unsplash
Contributors: CJO Staff Contributors Team
