China’s Anti-Foreign Sanctions Law: Far reaching and vague

China’s recent Anti-Foreign Sanctions Law, was enacted very quickly, 2021 June 06, in expectation to punish governments, companies, families and people from other countries that put sanctions on China, and freeze all assets of their foreign companies.

As with most other Chinese laws, this law is far reaching and vague. For any country that implements sanctions against China (adopt discriminatory restrictive measures against Chinese citizens and organizations, and interfere in my country’s internal affairs), their companies, all the people who work in those companies and their families, directly or indirectly involved, can be charged and expelled from China, with all visas cancelled. All assets within China can be frozen, all transactions prohibited, and “Other necessary measures”. All people of China cannot help implement any sanctions and are commanded by law to resist all sanctions.

Any Chinese citizen or organization affected by a foreign sanction can file a lawsuit for losses due to the sanctions.

This law makes running a foreign business in China very risky. Foreign companies do not have any say in their country’s foreign policy, but then overnight could be frozen out of business in China, assets frozen, employees charged, foreign employees and their families expelled. This has already happened with H&M when they refused to use Xinjiang cotton. Is the intent of this law to force foreign companies to leave China?


来源: 中国人大网 2021年06月10日 20:01:42

Anti-Foreign Sanctions Law of the People’s Republic of China
(Adopted at the 29th meeting of the Standing Committee of the 13th National People’s Congress on June 10, 2021)

Source: China National People’s Congress Network June 10, 2021 20:01:42

第一条 为了维护国家主权、安全、发展利益,保护我国公民、组织的合法权益,根据宪法,制定本法。

第二条 中华人民共和国坚持独立自主的和平外交政策,坚持互相尊重主权和领土完整、互不侵犯、互不干涉内政、平等互利、和平共处的五项原则,维护以联合国为核心的国际体系和以国际法为基础的国际秩序,发展同世界各国的友好合作,推动构建人类命运共同体。

第三条 中华人民共和国反对霸权主义和强权政治,反对任何国家以任何借口、任何方式干涉中国内政。


第四条 国务院有关部门可以决定将直接或者间接参与制定、决定、实施本法第三条规定的歧视性限制措施的个人、组织列入反制清单。

Article 1: In order to safeguard national sovereignty, security, and development interests, and protect the legitimate rights and interests of our citizens and organizations, this law is formulated in accordance with the Constitution.

Article 2 The People’s Republic of China adheres to an independent foreign policy of peace, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence. The international order based on international law develops friendly cooperation with countries around the world and promotes the building of a community with a shared future for mankind.

Article 3: The People’s Republic of China opposes hegemonism and power politics, and opposes any country’s interference in China’s internal affairs under any pretext and in any way.

If a foreign country violates international law and basic norms of international relations, uses various excuses or in accordance with its own laws to contain and suppress my country, adopt discriminatory restrictive measures against Chinese citizens and organizations, and interfere in my country’s internal affairs, my country has the right to take corresponding countermeasures.

Article 4 Relevant departments of the State Council may decide to include individuals and organizations that directly or indirectly participate in the formulation, decision, and implementation of the discriminatory restrictive measures stipulated in Article 3 of this law on the counter-control list.

第五条 除根据本法第四条规定列入反制清单的个人、组织以外,国务院有关部门还可以决定对下列个人、组织采取反制措施:





第六条 国务院有关部门可以按照各自职责和任务分工,对本法第四条、第五条规定的个人、组织,根据实际情况决定采取下列一种或者几种措施:





第七条 国务院有关部门依据本法第四条至第六条规定作出的决定为最终决定。

第八条 采取反制措施所依据的情形发生变化的,国务院有关部门可以暂停、变更或者取消有关反制措施。

Article 5: In addition to the individuals and organizations listed in the countermeasure list in accordance with Article 4 of this Law, the relevant departments of the State Council may also decide to take countermeasures against the following individuals and organizations:

(1) The spouses and immediate family members of individuals included in the counter-control list;

(2) Senior managers or actual controllers of organizations included in the counter-control list;

(3) Organizations where individuals included in the counter-control list serve as senior management personnel;

(4) Organizations that are actually controlled or participated in the establishment and operation of individuals and organizations included in the counter-control list.

Article 6: Relevant departments of the State Council may, in accordance with their respective responsibilities and tasks, decide to take one or more of the following measures for the individuals and organizations specified in Articles 4 and 5 of this Law based on actual conditions:

(1) Refusal to issue visas, deny entry, cancel visas or deport;

(2) Sealing up, seizing, and freezing movable property, immovable property and other various types of property within the territory of my country;

(3) Prohibit or restrict relevant transactions, cooperation and other activities with organizations and individuals within the territory of my country;

(4) Other necessary measures.

Article 7: The decision made by the relevant departments of the State Council in accordance with the provisions of Articles 4 to 6 of this Law shall be final.

Article 8: If the circumstances on which countermeasures are taken change, the relevant departments of the State Council may suspend, change or cancel the countermeasures.

第九条 反制清单和反制措施的确定、暂停、变更或者取消,由外交部或者国务院其他有关部门发布命令予以公布。

第十条 国家设立反外国制裁工作协调机制,负责统筹协调相关工作。


第十一条 我国境内的组织和个人应当执行国务院有关部门采取的反制措施。


第十二条 任何组织和个人均不得执行或者协助执行外国国家对我国公民、组织采取的歧视性限制措施。


Article 9: The confirmation, suspension, modification or cancellation of the countermeasure list and countermeasure measures shall be announced by the Ministry of Foreign Affairs or other relevant departments of the State Council by issuing an order.

Article 10: The state establishes a coordination mechanism for anti-foreign sanctions work and is responsible for overall planning and coordination of related work.

The relevant departments of the State Council shall strengthen coordination and information sharing, and determine and implement relevant countermeasures in accordance with their respective responsibilities and tasks.

Article 11: Organizations and individuals within the territory of our country shall implement countermeasures adopted by relevant departments of the State Council.

For organizations and individuals that violate the provisions of the preceding paragraph, the relevant departments of the State Council shall deal with them in accordance with the law and restrict or prohibit them from engaging in related activities.

Article 12: No organization or individual may implement or assist in the implementation of discriminatory restrictive measures taken by foreign countries against Chinese citizens and organizations.

Where organizations and individuals violate the provisions of the preceding paragraph and infringe upon the lawful rights and interests of Chinese citizens and organizations, Chinese citizens and organizations may file a lawsuit with the people’s court in accordance with the law, requesting them to stop the infringement and compensate for the losses.

第十三条 对于危害我国主权、安全、发展利益的行为,除本法规定外,有关法律、行政法规、部门规章可以规定采取其他必要的反制措施。

第十四条 任何组织和个人不执行、不配合实施反制措施的,依法追究法律责任。

第十五条 对于外国国家、组织或者个人实施、协助、支持危害我国主权、安全、发展利益的行为,需要采取必要反制措施的,参照本法有关规定执行。

第十六条 本法自公布之日起施行。

Article 13: In addition to the provisions of this law, relevant laws, administrative regulations, and departmental rules may provide for the adoption of other necessary countermeasures for acts that endanger my country’s sovereignty, security, and development interests.

Article 14: Any organization or individual who fails to implement or cooperate in the implementation of countermeasures shall be investigated for legal responsibility in accordance with the law.

Article 15: For foreign countries, organizations, or individuals that implement, assist, or support acts that endanger my country’s sovereignty, security, and development interests and need to take necessary countermeasures, refer to the relevant provisions of this law.

Article 16: This law shall come into force on the date of promulgation.

Why businesses may have to ‘pick sides’ if China starts using anti-sanctions law

“To put it simply, foreign companies involved in sanctions against China will lose the Chinese market,” Tian said. “Many companies need to weigh their pros and cons, whether to pick a side between the Chinese market or the US and European market, and between Chinese law and foreign laws.””>China’s anti-sanctions law is a defence mechanism, not an attack weapon

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