Overview
China is a UN member state and implements UN sanctions.
In June 2021, China adopted the Anti-Foreign Sanctions Law 2021 (AFSL), which provides for the implementation of countermeasures against entities in foreign countries which have adopted “discriminatory and restrictive” measures against Chinese individuals or entities.
Article 6 outlines the countermeasures:
(1) “Refusal to issue visas, deny entry, visa cancellation or deportation;
(2) Sealing up, seizing, and freezing movable property, immovable property and other various types of property [in China];
(3) Prohibit or restrict relevant transactions, cooperation and other activities with organizations and individuals [in China]; and
(4) Other necessary measures.”
Article 12 authorises people and entities to sue for damages suffered as a result of compliance with foreign sanctions in Chinese domestic courts.
Separately to the AFSL, foreign entities may be added to China’s “Unreliable Entity List” which prohibits those entities from engaging in import/export activities related to China, prohibits them from making new investments in China, and subjects senior management figures to travel bans.
China has imposed travel bans on US Govt officials in response to the US’s designation of Chinese officials for human rights abuses, designated foreign ministers for visiting Taiwan, designated US defence companies for arms sales to Taiwan, and blocked imports from Lithuania in response to Lithuania opening a Taiwanese Representative Office in Vilnius.
National Competent Authorities
The Ministry of Foreign Affairs and Ministry of Commerce have primary responsibility for adopting UN sanctions and implementing autonomous counter-sanctions.
The Ministry of Commerce, the Ministry of Transport, the Ministry of Public Security, the Central Bank, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, and the General Customs of China enforce sanctions within their respective areas of authority.
Legislation
Anti-Foreign Sanctions Law 2021
Ministry of Commerce Order No. 4 of 2020 Provisions on the Unreliable Entity List
Sanctions Lists
Unreliable Entity announced by the MOFCOM may be made public here
Guidance
Sanctions announced by the MFA may be made public via a press release
Unreliable Entity announced by the MOFCOM may be made public here
Chinese counter-sanctions on EU targets – European Parliament