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9 Nov 2021 06:59:12 UTC
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China's New Anti-Sanctions Law
Stratfor Asia Pacific Analyst Chase Blazek explains China's New Anti-Sanctions Law.

On June 10, 2021, the Standing Committee of China’s National People’s Congress (“NPC”) passed the Counter Foreign Sanctions Law (the “Law”), which is effective immediately. The Law has been described by Chinese officials as a significant step forward in upgrading China’s “legal toolbox” in response to sanctions, import prohibitions and export control restrictions imposed by foreign governments. The Law is drafted broadly and provides for retaliatory sanctions in response to what Chinese officials describe as “arbitrary” and “unilateral” foreign sanctions toward China, including import and other sanctions restrictions imposed recently on the basis of alleged human rights and forced labor violations in China, as well as a range of financial, export and technology transfer restrictions that have been imposed on various other foreign policy and national security grounds.1 The Law is the latest in a series of Chinese actions intended to establish a legal framework to counter foreign sanctions, import prohibitions and export controls targeting Chinese entities and sectors, and codifies a number of retaliatory sanctions already taken by China over the past several months.2

Although important questions remain regarding the scope, manner and extent to which China will implement these measures against non-Chinese parties (particularly private-sector entities), the Law has a number of important elements, including: (i) expanding on existing authorities to provide for the creation of a “counter-sanction list” of individuals subject to a range of restrictive measures (the “Countermeasures”) based on involvement in the formulation or implementation of covered foreign sanctions against China; and (ii) codifying a private right of action for aggrieved parties to sue for losses incurred as a result of covered foreign sanctions. The Law has significant implications for both Chinese and non-Chinese companies and individuals, located within or outside China, and poses challenging conflict-of-laws issues and potential private litigation risks for parties who may be subject to conflicting legal obligations.
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