Law of the PRC on Countering Foreign Sanctions

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Promulgation Date: 2021-6-10
Title: Law of the PRC on Countering Foreign Sanctions
Promulgating Entities:Standing Committee of the National People's Congress
Source of text: http://www.npc.gov.cn/npc/c30834/202106/d4a714d5813c4ad2ac54a5f0f78a5270.shtml

Article 1: This Law is drafted on the basis of the Constitution so as to preserve national sovereignty, security, and development interests, and to protect the lawful rights and interests of our nation's citizens and organizations.

Article 2: The People's Republic of China adheres to a peaceful foreign policy that is independent and self-ruling and adheres to the five principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in internal affairs, equality and mutual benefit, and peaceful co-existence; preserving the international order that is based on international law with the United Nations as its core, developing peaceful cooperation with all nations of the world, and promoting the construction of a shared community of human destiny. [Alternatively: a community with a shared future for mankind -editor]

Article 3: The People's Republic of China opposes hegemony and power politics and opposes any country's interference in China's internal affairs by any means and under any pretext.

Where foreign nations violate international law and basic norms of international relations to contain or suppress our nation under any kind of pretext or based on the laws of those nations to employ discriminatory restrictive measures against our nation's citizens or interfere with our nation's internal affairs, our nation has the right to employ corresponding countermeasures.

Article 4: The relevant departments of the State Council may decide to enter persons or organizations that directly or indirectly participate in the drafting, decision-making, or implementation of the discriminatory restrictive measures provided for in article 3 of this Law in a countermeasure list.

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

(1) The spouses and immediate relatives of individuals listed on the countermeasure list;

(2) Senior managers or actual controllers of organizations included in the countermeasures list;

(3) Organizations in which individuals included in the countermeasure list serve as senior management;

(4) Organizations in which persons included in the countermeasure list are the actual controllers or participate in establishment and operations;

Article 6: In accordance with their respective duties and division of labor, the relevant departments of the State Council may decide to employ one or more of the following measures against the individuals and organizations provided for in Articles 4 and 5 of this Law, based on the actual stituation:

(1) Not issuing visas, denying entry, canceling visas, or deportation;

(2) Sealing, seizing, or freezing movable property, real estate, and all other types of property within the [mainland] territory of our country;

(3) Prohibiting or restricting relevant transactions, cooperation, and other activities with organizations and individuals within the [mainland] territory of our country;

(4) Other necessary measures.

Article 7: Decisions made by the relevant departments of the State Council in accordance with the provisions of Articles 4 through 6 of this Law are final decisions.

Article 8: Where there are developments or changes in the circumstances on which countermeasures are based, the relevant departments of the State Council may suspend, modify, or cancel the countermeasures.

Article 9: The Ministry of Foreign Affairs or other relevant departments of the State Council are to issue orders announcing the determination, suspension, modification, or cancellation of countermeasures.

Article 10: The State is to set up a mechanism for coordinating the work of countering foreign sanctions, responsible for the overall coordination of related efforts.

The relevant departments of the State Council shall strengthen coordination, cooperation, and information sharing, and determine and implement related countermeasures in accordance with their respective duties and division of labor.

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

The relevant departments of the State Council shall address organizations and individuals that violate the provisions of the preceding paragraph in accordance with law and restrict or prohibit their engaging in related activities.

Article 12: Organizations and individuals must not enforce or assist in enforcing the discriminatory restrictive measures employed by foreign nations against our nation's citizens or organizations.

Where organizations and individuals violate the provisions of the preceding paragraph and infringe upon the lawful rights and interests of our nation's citizens or organizations, our nation's citizens and organizations may initiate litigation in the people's courts, requesting that they stop the infringement and compensate losses.

Article 13: For conduct endangering our nation's sovereignty, security, or development interests, other necessary countermeasures in addition to those provided for in this law may be provided for by related laws, administrative regulations, and departmental rules.

Article 14: Where any organization or individual does not enforce or cooperate in implementing countermeasures, they are to be pursued for legal responsibility.

Article 15: Where countermeasures need to be employed against foreign states, organizations, or individuals that carry out, assist, or support conduct that endangers our nation's sovereignty, security, or development interests, enforcement is to reference the relevant provisions of this law.

Article 16: This Law is to be implemented from the date of its promulgation.

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