context: In the face of increasing sanctions imposed by the US, China also elevated its counter-sanctions from administrative enforcement measures to the legal level. Related companies may have to choose their political positions in the future. The lifting of US bans on WeChat and TIKTOK seems to have initially shown this law is effective.
13th NPC (National People's Congress) Standing Committee passed Anti-foreign Sanctions Law at its 29th session on 10 Jun 2021. It specifies
- circumstances of taking countermeasures
- adopting discriminatory restrictive measures against Chinese citizens and organisations
- interference in China's internal affairs
- targets to whom countermeasures apply
- compiling countermeasure lists: individuals and organisations directly or indirectly involved in formulating, deciding and implementing discriminatory restrictive measures
- other individuals and organisations implicated
- countermeasures
- four types of countermeasures
- entry and exit restrictions
- restrictions on property in China
- restrictions on transactions and cooperation
- others
- relevant departments of State Council
- making countermeasure decisions (final)
- can suspend, change or cancel relevant countermeasures
- four types of countermeasures
- countermeasures working mechanism
- setting up a coordination mechanism for anti-foreign sanctions
- obligations of relevant organisations and individuals
- individuals and organisations within China should implement countermeasures
- forbidding individuals and organisations to implement or assist in implementing discriminatory restrictions on China
- other legal documents may provide for other necessary countermeasures
The new law is largely aimed at long-arm jurisdiction and illegal sanctions imposed by the US on China, Tian Feilong 田飞龙 Beijing University of Aeronautics and Astronautics School of Law associate professor told Global Times. Tian believes that Hong Kong should consider including this law as Annex III in the Hong Kong Basic Law.
The main purpose of this law is to authorise administrative law enforcement agencies and judicial institutions to initiate sanctions and counter-sanctions, which means that a specific legal system will be developed in the future, Huo Zhengxin 霍政欣 China University of Political Science and Law professor said.