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
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.
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.
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.
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.
“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.”